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Factors that complicate the recovery of non-economic damages

On Behalf of | Jul 25, 2024 | Motor Vehicle Accidents

You may be entitled to non-economic damages as a car accident victim. These are the intangible losses you suffered, such as pain and suffering, emotional distress and loss of enjoyment of life. However, recovering these damages is easier said than done for several reasons.

First, non-economic damages are subjective and based on individual opinions. For example, two individuals with similar injuries might experience different levels of pain or psychological distress due to varying pain tolerance, mental health conditions or life circumstances.

Additionally, quantifying these damages is not as straightforward because they lack a defined monetary value. Unlike economic damages, which can be documented with bills, receipts and other financial records, calculating non-economic damages requires assigning a value to abstract concepts.

Insurance companies and juries may also be skeptical of non-economic damage claims, especially if they appear exaggerated or unsupported by convincing evidence.

Strategies for strengthening your claim

It helps to present a strong case when pursuing compensation for non-economic damages after a crash to maximize your settlement. Here are some helpful tips.

  • Document everything: Keep a detailed record of your emotional and physical state. You can maintain a journal documenting your daily experiences, pain levels and the impact of your injuries on everyday life.
  • Gather relevant evidence: Your medical records can help demonstrate the severity of your injuries and the extent of your pain and suffering. Similarly, statements from loved ones or colleagues who have witnessed the effects of your injuries can also help your case.
  • Use expert witnesses:  Mental health professionals can help break down complex emotional trauma issues for the court and provide insights into how the accident has affected your overall well-being and daily life. It can enhance the jury’s understanding and support your claim.

It’s equally crucial to seek qualified guidance tailored to your situation. It can help you address the unique aspects of your car accident claim and protect your interests, increasing the chances of recovering the compensation you deserve. 

 

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36-year-old laborer for landscaping company fractured wrist when fellow employee hit him with truck. Claimant received in excess of $30,000 in workers’ compensation benefits for total disability and medical expenses and settled with automobile insurance company for fellow employee for $95,000.

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80-year-old woman sustained right foot fracture when her foot was run over in a parking lot. Case settled for at-fault driver’s policy limit of $100,000 prior to filing suit.

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