If you are planning to file a personal injury claim after a car accident, grocery store slip-and-fall, or any other accident caused by negligence, you may be wondering how much you could possibly get in damages.
The amount varies depending on several factors, including severity of your injuries, whether you effectively prove that someone else’s negligence caused your accident, and whether you contributed to your own accident.
However, if you successfully prove your case, you have the chance to recover both economic and noneconomic damages.
Economic v. noneconomic damages
Economic damages generally cover financial losses caused by the accident. The most common economic expenses include:
- Medical expenses: Hospital stay, ambulance, rehabilitation, medical treatments received, etc.
- Lost wages: Wages the injured party would have earned if the accident had not occurred.
- Loss of earning capacity: Injured party’s inability to return to the same type of work following the accident.
Noneconomic damages typically cover non-financial damages, such as:
- Pain and suffering: Accounts for physical and emotional pain experienced in the accident.
- Loss of consortium: The spouse of the injured party may suffer emotionally due to a lack of companionship.
- Emotional distress: Psychological issues, such as anxiety, depression, and insomnia, that were caused by the accident.
How are damages calculated?
Calculating economic damages is generally straightforward, as medical bills, pay stubs, and other documentation is used to establish how much is owed.
Calculating noneconomic damages can be complicated, as there are no bills or documents for these intangible damages. Several factors are considered, including:
- Severity of your injuries and likelihood that they will be permanent.
- How long recovery is expected to take.
- How your injuries impact your day-to-day life.
You can strengthen your claim for noneconomic damages by documenting how the injury affects you on a daily basis and presenting expert testimony.
Filing a claim to recover damages after an accident.
