Non-Economic Damages In Personal Injury Cases

It’s worth noting that punitive damages are considered neither economic nor non-economic. Punitive damages are awarded by a court in some instances when it is determined that the defendant acted with gross negligence, maliciousness, or fraudulent intent. Punitive damages are meant to punish a wrongdoer and serve as a deterrent to similar acts in the future.

Non-economic damages are significant in civil litigation because they acknowledge the harm done to a person beyond the financial costs of an accident. They consider the injured person’s physical pain and suffering, emotional anguish, and the impact of the accident on their relationships and lifestyle.

General damages also serve as a deterrent against reckless and negligent behavior by holding the responsible parties accountable for their actions. Non-economic damages also provide a sense of justice and closure for an injured person and their family members, who may never fully recover from an accident’s effects.

Calculating non-economic damages can be difficult because they are based on someone’s opinion and can differ from one case to the next. Some of the factors that can affect the calculation of non-economic damages include:

Severity Of The Injury

The severity of an injury is one of the most critical factors in determining the amount of non-economic damages an injured person can receive. Compared to minor injuries, serious injuries usually involve more pain and suffering, emotional distress, and loss of enjoyment of life.

For example, a person who suffers a traumatic brain injury or a spinal cord injury may be entitled to more significant non-economic damages than someone who suffers a minor soft tissue injury.

Duration Of The Injury

The duration of the injury is another critical factor that affects the calculation of non-economic damages. If the injury is temporary and heals quickly, the injured person may be entitled to lower non-economic damages than if the injury is permanent and has long-term effects. For example, a person who suffers a broken bone that heals in a few weeks may receive less non-economic damages than someone who suffers chronic pain or a disability that lasts for years or even a lifetime.

Age And Life Expectancy

The age and expected life span of the person hurt in an accident can affect how much money they get for their pain and suffering. If the person is young and is expected to live long, they may get more money. This is because they will likely have to deal with the effects of their injuries for a more extended period of time. If the person is older, they may get less money, but that’s not always the case.

Comparative Negligence

Suppose the plaintiff is found to be partially or fully at fault for the accident that caused their injuries. In that case, the calculation of non-economic damages may be reduced or even eliminated.

Some states use a comparative negligence system that reduces damages proportionally to the plaintiff’s degree of fault. In contrast, other states use a contributory negligence system that bars recovery if the plaintiff is found to have contributed to the accident in any way.  Texas follows a modified comparative negligence system.  

State Laws And Statutes

State laws and statutes can also affect the calculation of non-economic damages, as some states impose caps or limit non-economic damages that can be recovered.

For example, the Texas Supreme Court established, in Boyles v. Kerr, that a person cannot sue for emotional distress unless they also have a physical injury.

It’s worth noting that punitive damages are considered neither economic nor non-economic. Punitive damages are awarded by a court in some instances when it is determined that the defendant acted with gross negligence, maliciousness, or fraudulent intent. Punitive damages are meant to punish a wrongdoer and serve as a deterrent to similar acts in the future.

Despite the challenges in proving non-economic damages, there are several strategies that an injury victim and their personal injury lawyer can use to increase their chances of success:

Document Your Non-Economic Damages

Even though non-economic damages (such as pain and suffering) may be hard to quantify, they can still be documented through medical records, photographs, videos, a pain and suffering journal, and other forms of evidence. This documentation can help show the extent of the injuries and how they have impacted the injured person’s life.

Expert Testimony

Healthcare professionals, mental health experts, and vocational rehabilitation specialists can provide expert testimony that supports the existence and severity of the non-economic damages and how they affect an injured person’s ability to function and enjoy life.

Show The Causal Connection

A causal connection is another way of saying “cause and effect.” To be successful in a personal injury case, the injured person must show that the defendant’s negligent or intentional act caused them to suffer some form of harm. Non-economic damages can only be recovered if evidence shows a clear connection between the defendant’s conduct and the injured person’s losses.

Be Consistent And Honest

An injured person and their personal injury attorney should be consistent and honest in their presentation of the non-economic damages and avoid exaggerating or embellishing the losses. This can help build credibility and trust with the decision-makers.