An Explainer on Non-Economic Damages in Personal Injury Law
New York, the bustling metropolis defined by its towering skyscrapers, vibrant culture, and relentless energy"”giving it the name 'the city that never sleeps'"”is the dream city for many. However, the city's bustling lifestyle is bound to come with a few accidents and injuries. Whether navigating the streets, high-rise workplaces, or busy subway stations, the risk of personal injury is always there.
Injuries can cause several losses. Thankfully, there are laws established to help victims in such tough times. The law helps victims recover their losses. This goes beyond the monetary aspect, like medical bills and lost wages, but also the emotional and intangible losses caused by the accident. For such intangible losses, 'non-economical damages' are applied to help compensate the victims.
Let's look at non-economic damages and how New York personal injury lawyers can help you through the legal process and get you fair compensation for your losses.
What are Non-Economic Damages
Non-economic losses, also called 'pain and suffering,' are the damages that are paid to the victim to compensate for the physical, mental, and emotional suffering they faced because of the accident. Unlike economic damages that cover aspects like lost wages, medical bills, etc., non-economic damages compensate for the following elements:
- Mental trauma
- Physical pain or discomfort
- Loss of enjoyment of life
- Loss of consortium
- Inconvenience
- Disfigurement
- Physical impairment
Importance of Non-Economic Damages
When a person is injured, apart from the economic losses, they often experience intense physical, mental, and emotional suffering. While the economic damages compensate for the monetary aspect and help to cover medical bills and lost wages, people who are not employed will not get any compensation for the 'lost wage' aspect, and most of the money will be spent on medical bills. Recovering from injuries takes time, and unemployed individuals would not be able to make ends meet in such cases.
Non-economic damages take into account the complete effect of the injury on the victim's life. Healing from severe injuries takes a serious toll on a person's life, where they have to deal with post-traumatic stress disorder (PTSD), loss of enjoyment of life, chronic pain, and even the humiliation they might feel. These damages are designed to provide fair compensation for the intangible effects of an injury, acknowledging the profound toll it takes on a person's overall well-being.
Calculating Non-Economic Damages
Calculating non-economic damages can be tricky compared to economic damages, which have an exact amount. For example, medical expenses have bills and lost wages have salary slips, which help calculate the exact amount to be paid to the victim. As non-economic damages deal with intangible aspects that don't exactly have a monetary value, the law has established certain methods to help calculate the compensation a victim deserves.
Multiplier Method
This method uses the total economic damages to be paid to the victim and multiplies it by a number set by the court (between 1.5 and 5), which is established based on the severity of the case. The sum of this is the amount to be paid to the victim as non-economic damages.
Multiplier method: economic damages x set number between 1.5 and 5 = non-economic damages.
The Per Diem Method
This method uses a set rate, which is usually the victim's daily wage, and multiplies it with the number of days the victim will experience physical and mental distress. The sum of this is the amount to be paid to the victim each day they are estimated to be in physical, psychological, and emotional distress.
Per diem method: daily wage x number of days = non-economic damages.
Contacting an Attorney
Non-economic damages are an essential part of personal injury. They help to provide victims with the compensation they deserve so they can recover from the aftermath of the injury, which can be an overwhelming experience, especially when dealing with mental, emotional, and physical distress.
Everyone must know their fundamental rights and the legal process following personal injury cases. If a person has been involved in a personal injury, it is crucial that they contact a personal injury attorney. Professionals specializing in such cases can guide the victims through the legal process, build a stronger case, and represent them in court to ensure that they get fair compensation to help them rebuild their lives.