Victims of catastrophic personal injuries incurred by accidents like car crashes may suffer from physical, mental, and emotional trauma and incapacitation. In such cases, the victim can file claims for damages against the liable party whose wrongdoing resulted in the victim’s injuries under personal injury tort law.
The term “damages” refers to the amount of money the injured party gets as compensation for the losses to one’s financial, physical, and mental well-being due to another party’s negligence. Damages come in two categories: economic and non-economic damages and as a personal injury accident victim, it is crucial that you understand the difference.
Economic vs. Non-Economic Damages
Damages that the court can calculate from documents and records are economic damages. These claims include medical bills and expenses, wage loss, and future losses to earning capacity and profits. Economic damages also cover costs to one’s real or personal property (e.g., a damaged vehicle).
Non-economic damages, on the other hand, refer to the “pain and suffering” caused by an injury. The legal term “pain and suffering” refers to such things as physical, mental, and emotional stress, as well as the loss of spousal companionship and service (also known as loss of consortium).
Non-economic damages tend to be more subjective than economic losses (which can be proved and calculated with records and documents), and thus require a different type of analysis and proof to determine the level of monetary compensation.
Calculating Compensation for Emotional Distress
Comprised of many elements that are unquantifiable, emotional distress is perhaps the most challenging type of non-economic case to try to prove. After an accident, many individuals develop conditions like anxiety, depression, and other forms of mental anguish. To show these hardships to the court, the person must seek the help of a mental health professional who can address the court or insurance company.
Before any of this can occur, however, one must be aware that he or she has the right to pursue compensation for things other than property damage and medical bills. Many people do not come to this realization until after meeting with a knowledgeable personal injury lawyer who fully explains their legal options in recovering compensation for their accident. Ensure that you’re maximizing the amount of compensation you pursue for accident-related damages by acquiring the legal services of a local personal injury attorney.
Get Help From Seasoned Attorneys
The Fort Lauderdale personal injury lawyers at Salpeter Gitkin, LLP are experienced attorneys who’ve helped people like you recover the funds their entitled to you by law. We can lift the burden of filing a personal injury claim by taking care of all of the necessary paperwork and keeping you informed throughout the process. Bring your case to us and allow us to fight on your behalf for the compensation you’re due. Contact us today at (954) 467-8622 for a free case evaluation and learn more about your legal options going forward.