When someone is injured in an accident, the costs go far beyond hospital bills, medical treatments, and lost wages. Many losses are invisible, yet deeply impactful. These are called non-economic damages, and they are just as important as economic damages in a personal injury case.
Non-economic damages cover the emotional, mental, and personal toll of an injury. Unlike medical bills or repair costs, these losses cannot be easily added up in dollars. They include pain, suffering, emotional distress, loss of life enjoyment, and damage to personal relationships.
In New Mexico, non-economic damages are particularly significant because most personal injury cases do not have a legal cap on how much you can recover. This allows victims to seek fair compensation for the full impact of their injuries.
Examples of Non-Economic Damages
Understanding non-economic damages can help injury victims make informed decisions about their legal options and ensure they receive compensation that reflects the real cost of their suffering.
Some common examples of non-economic damages include:
- Pain and suffering: The physical discomfort caused by injuries during recovery and potentially for the rest of your life. This can include ongoing pain from fractures, burns, or soft tissue injuries.
- Emotional distress: The psychological impact of an accident, such as anxiety, depression, fear, insomnia, or post-traumatic stress disorder. Emotional suffering can persist even after physical injuries heal.
- Loss of enjoyment of life: When an injury prevents someone from participating in hobbies, social activities, or family interactions. Simple pleasures, such as playing sports, traveling, or spending time with loved ones, may no longer be possible.
- Disfigurement or physical impairment: Permanent scars, amputations, or limitations in mobility that change a person’s appearance or abilities.
- Loss of consortium: The effect of an injury on personal relationships, including the loss of companionship, affection, or support from a spouse or family member.
Each of these represents a real impact on a person’s life, even if it does not appear on a bill. Non-economic damages are about recognizing the human cost of injury.
How Is the Value of Non-Economic Damages Calculated?
Unlike economic damages, which can be easily totaled with receipts and bills, non-economic damages are more subjective and require careful evaluation. Courts, juries, and insurance companies often consider multiple factors to determine a fair amount of compensation.
Factors that influence non-economic damages include:
- Severity of the injury: More severe injuries, long-term disabilities, or chronic pain often result in higher compensation.
- Duration of suffering: Long-lasting or permanent pain and emotional distress can increase the damages awarded.
- Impact on daily life: If the injury interferes with work, family responsibilities, hobbies, or social activities, it may result in higher compensation.
- Permanent effects: Lasting disfigurement, scarring, or physical limitations can significantly affect non-economic damages.
- Supporting evidence: Medical and mental health professionals can provide documentation of pain, emotional distress, or functional limitations. Family and friends can also describe how the injury has affected daily life.
Two common methods are used to estimate non-economic damages:
- Multiplier method: Economic damages, such as medical bills and lost income, are multiplied by a number reflecting the severity of pain and suffering. For example, if someone has $50,000 in medical bills and a multiplier of 3 is applied, the non-economic damages would be $150,000.
- Per diem method: A daily rate is assigned to pain and suffering for the duration of recovery. Each day of suffering contributes to the total compensation.
These methods provide a starting point for evaluating damages. The final amount is influenced by the facts of each case, the quality of evidence, and the legal arguments presented.
Challenges in Proving Non-Economic Damages
Because non-economic damages are subjective, proving them can be a challenging task. Insurance companies may try to minimize claims for pain, suffering, or emotional distress. Defense lawyers may argue that the effects of an injury are not severe enough to justify high compensation.
To strengthen a claim for non-economic damages, injury victims should:
- Keep a journal to document daily pain, emotional struggles, and any changes in your routine.
- Collect medical and mental health records detailing the injury, treatment, and prognosis.
- Obtain witness statements from family, friends, or colleagues who have observed how the injury has impacted the person’s life.
- Work with an experienced personal injury attorney to present a clear and persuasive case.
Proper documentation and expert testimony can help demonstrate the extent of non-economic losses and secure fair compensation.
Contact Our Albuquerque Personal Injury Lawyers at Jones Injury Attorneys for a Free Consultation
Non-economic damages are about restoring the quality of life. They acknowledge the invisible, but very real, costs of injury, including pain, emotional distress, and disruption to daily life.
If you need help pursuing the compensation you deserve, call Jones Injury Attorneys to schedule a free consultation with our Albuquerque Personal Injury Attorneys. Our attorneys work on a contingency fee basis, so there are no upfront costs for our services.