Estimating Plaintiff(s) Non-Economic Damages in Auto, Motorcycle and Trucking Accidents

In a previous article on evaluating economic damages, I stated that “economic” damages are past and future losses including, but not limited to medical, therapeutic and rehabilitation expenses, loss of earnings, construction, transportation and medical device expenditures for those with disabilities, property damages and interment expenses from wrongful death claims. They are money losses that can be receipted or otherwise verified and analytically projected.

Non-Economic” Damages

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Subject to the circumstances of the claim, an experienced personal injury attorney will determine if their client warrants compensation for “non-economic” losses in addition to the “economic” losses requested in plaintiffs Complaint.

Non-economic damages are also termed “quality of life” damages, synonymous with pain and suffering. Non-economic losses of pain and suffering can severely hamper the quality of life experience. It’s difficult to place a dollar amount on non-economic damages because they are subjective and cannot be verified. They are tort damages for harms which may include physical and emotional impairment, distress, damage to reputation, disgrace, mutilation or deformity, sterility, loss of organs, severe and chronic pain, loss of enjoyment of life, death of a loved one, loss of affection and many, many other intangibles. Although any plaintiff may potentially be eligible to recover for non-economic damages, they become especially significant to persons who do not earn a living outside of the home like minors, the aged and homemakers.

What is the worth of a mother or father?

For example, a homemaker’s love, guidance, companionship and services provided to his or her family cannot easily and monetarily be calculated. In the case of a homemaker, “non-economic” damages may be the only possible vehicle to compensation for their loss. And what is the monetary worth of a mother or father?

Non-Economic Damages Are Not Punitive Damages

Accidents change the lives of victims and their loved ones in considerable ways. A spouse’s emotional and bodily injuries may put excessive tension on an otherwise strong marriage; the loss of a dearly loved child—prematurely passed away because of the reckless negligence of another, has jarring and lasting consequences on families. How do you compensate a family broken from grief and loss? These scenarios are monetarily immeasurable “quality of life” issues and should not be confused with punishing or punitive damages. The availability of “Non-economic” damages offers a recovery medium for just, fair and reasonable losses.

The Statute of Limitations is Running

If you or someone you know has been injured in a motor vehicle accident, it’s important to speak with an experienced personal injury attorney as soon as possible long before the two-year statute of limitations on personal injuries runs. The law firm of Ward & Ward has over 80 years of combined experience in personal injury law including accident and wrongful death claims. Our firm receives no legal fees or expenses unless we collect damages on your behalf. Call Charlie Ward today at 317-639-9501 for a free evaluation of your claim. Our attorneys are available to speak with you.

by Charlie Ward

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
317-639-9501