When you have been injured by someone else’s negligence you may seek out compensation for your injuries through a personal injury claim. When you pursue a personal injury claim an insurance company will determine the value of your claim by looking at three things: property damage, economic damages, and non-economic damages.
Property damage is self explanatory, it is damage that has been done to a vehicle, bicycle, or motorcycle by the negligent party. Economic damages refer to any damages that have incurred any expenses. This means that your medical treatment, surgeries, or time taken off from work are all included as economic damages. But what are non-economic damages?
The role of non-economic damages are equally as important when it comes to securing you the compensation you deserve for your injuries. In this article our team of Utah trial attorneys will be going in depth on what exactly non-economic damages are and the vital role that they play in your personal injury claim.
What are Non-economic Damages?
Non-economic damages or general damages refer to compensation for losses that are more difficult to quantify in monetary terms. Unlike economic damages, which are objective and verifiable through receipts and records, non economic damages are subjective making them more difficult to define. Some of the most common non-economic damages are:
- Pain and Suffering: This refers to long-term ongoing physical discomfort, pain, and emotional distress that has been caused by the injury. The effects of an accident are not just short term injuries. These effects can be long lasting, and pain and suffering encompasses the distress that these injuries have caused you and will cause you into the future.
- Emotional Distress: This refers to the psychological impact from your accident and the long term effects it may have on you. An accident may leave you much worse for wear mentally and you may develop long lasting anxiety, depression, or even Post Traumatic Stress Disorder. Emotional distress encompasses all of these damages and ensures that the at fault party is held accountable for the emotional turmoil you have suffered from.
- Loss of Enjoyment of Life: An injury can potentially bar you from enjoying your hobbies, or even day to day activities. This may result in a loss of joy in your life that you may have felt in spending time with others. You may be able to be compensated for this loss.
- Loss of Consortium: Is a claim you can make if your relationship with your spouse has been affected by your injuries. If you and your spouse have split up or have divorced after your accident you may be able to receive compensation.
- Disfigurement or Scarring: If your injuries have led to permanent physical changes affecting your appearance or capabilities you may be able to claim this under non-economic damages.
Utah’s Laws and Codes on Non-economic Damages
Here in Utah the law recognizes the importance of non-economic damages in personal injury claims. Our Utah trial attorneys believe it is essential to your case to understand the legal framework that governs these damages:
Cap On Damages
Under Utah Code Section 78B-3-410 there are imposed caps on non-economic damages in certain cases, particularly in a medical malpractice lawsuit. The cap on non-economic damages is periodically adjusted for inflation roughly every 20 years, but at the time of writing non economic damages can not exceed the cap of $450,000.
Comparative Negligence Rule
Here Utah operates under a modified comparative negligence rule. This means that if you are found partially at fault for the injuries you sustained, then your compensation will be adjusted accordingly. For example, if you were found 80% responsible for the accident you were involved in then you would receive 80% of your total compensation. So if your settlement was supposed to be $100,000 your settlement would be amended to $80,000.
The Importance of Non-economic Damages
Non-economic damages are crucial for a personal injury case as they place value on the intangible. Non-economic damages allow for restitution that you may not be able to recover otherwise, including holistic compensation. Holistic compensation acknowledges that not all losses can be measured in dollars and cents.
Non-economic damages also take into account the broader impact that an accident can have on your life, such as the psychological and emotional distress that can accompany being in a serious accident. Most importantly, awarding non-economic damages acts as a deterrent against negligence, with the goal of promoting safer driving practices by holding accountable parties accountable for the harm they cause, beyond just financial loss.
Contacting a Lawyer
Understanding and effectively claiming non-economic damages is crucial for a comprehensive personal injury claim. These damages recognize the full spectrum of harm suffered due to another’s negligence, extending beyond the financial to the deeply personal aspects of pain, suffering, and life enjoyment.
These claims can often be difficult to manage which is why it is important to contact the trial attorneys in Salt Lake City. At LifeLaw Trial Lawyers our mission is to make sure you get the compensation you deserve from your personal injury claim. Our team of trial attorneys will take control of your case so you can focus on what is important, your recovery. If you or someone you know has been injured contact LifeLaw Trial Lawyers today.
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