Arriving at a value for your injury case is complex. Most people don’t sit around thinking about the value of an injury claim until they or a family member get hurt in an accident. However, the most important step in determining the value of your injury accident claim is figuring out what your case is worth.
Some types of damages in an injury case are common sense. For example, you expect to be able to claim the value of your emergency room visit. If you need follow-up doctor’s appointments, you expect those damages to be included, too. Damaged property is also a category of damages that most people are aware of.
Mental and Emotional Damages in Personal Injury Cases
But if you’re hurt in an accident, you don’t need a personal injury lawyer to tell you that your injuries extend far beyond physical injuries and damaged property. In fact, your emotional and mental injuries can be equally devastating if not even more devastating than your physical injuries. Perhaps you live with physical pain. Maybe you’re not able to participate in activities that you used to enjoy. You might live with anxiety, depression, and flashbacks.
All of these types of injuries deserve compensation. Under Nevada law, you have a right to compensation for these injuries. These types of damages have a name: non-economic damages.
What Are Non-Economic Damages?
Non-economic damages in an injury lawsuit are damages that compensate you for losses that are not financial. If you sustain losses that can’t be measured by out-of-pocket dollar figures, you can place a value on them and seek compensation as non-economic damages. The purpose of non-economic damages is to provide you with compensation for the intangible things that you lost because of the personal injury accident like your physical pain, disfigurement, loss of lifestyle, and mental injuries.
Types of Non-Economic Damages in a Nevada Personal Injury Lawsuit
Non-economic damages is the broad name for all of the non-monetary losses that you have because of your injury. Several subcategories count as non-economic damages, including:
Pain – A physical injury can result in a great deal of pain. Recovering for only your medical expenses doesn’t compensate you for the physical pain that you have to endure because of your injuries. If you suffer physical pain because of your injuries, you can value the pain as part of your non-economic damages.
Emotional Anguish – Being in a personal injury accident is a scary event. You likely have emotional anguish because of what you’ve experienced. Your life has changed. The emotional anguish that you suffer is part of your damages in a personal injury case.
Humiliation and Reputation Damage – A personal injury accident might change your social standing. You might worry about your personal and professional reputation. The humiliation and reputation damage that you feel is part of your non-economic damages.
Loss of Enjoyment – When you suffer injuries in an accident, you may be unable to do the things that you used to enjoy. You might have short-term or long-term interruptions to your daily routine. If you can no longer go skiing or play a musical instrument, for example, you deserve compensation for the loss of enjoyment in these activities.
Disfigurement – If you have scars or permanent injuries from your accident, the disfigurement that you suffer may be part of your non-economic damages. You may not have financial losses because of scaring or permanent mobility impairment, but it can still significantly change the rest of your life. Disfigurement is a consideration in the value of your non-economic damages.
Mental injuries – Anxiety, worry, stress, fear, grief, depression – If you suffer from psychological injuries from your personal injury accident, you deserve compensation for the mental difficulties that you experience. Non-economic damages for mental injuries are different than the economic cost of treating those injuries. Your non-economic damages represent the anguish of having to cope with the mental trauma.
Your Non-Economic Damages Are Unique to Your Case
Your non-economic damages depend on your specific circumstances. Even if someone else suffers a similar injury, your non-economic damages are personal to you. For example, your mental injuries may not be the same as someone else’s mental injuries. The activities you’re no longer able to participate in depend on your lifestyle before the accident. Determining non-economic damages is a personal inquiry. It depends on what your life is like both before and after the personal injury accident.
What Can I Claim in Non-Economic Damages in My Nevada Personal Injury Case?
Your non-economic damages depend on the severity of your accident. The more severe, painful, lasting and permanent your injuries are, the higher your non-economic damages are going to be. The time it takes to heal, how painful your injuries are, and what mental harm you suffer all factor into the value of your non-economic damages. An experienced attorney can help you evaluate your economic and non-economic damages so that you know what amount to request as compensation in your injury case.
Non-Economic Damage Limits in Nevada Personal Injury Cases
In medical malpractice cases, there are limits to non-economic damages. If your injury claim is a medical malpractice claim, you can collect up to $350,000 in non-economic damages. In other types of personal injury cases, there are no limits to the non-economic damages that you can collect. In most injury cases, you can fully collect the total of your economic damages and non-economic damages.
Understanding Non-Economic Damages in Nevada Personal Injury Lawsuits
Non-economic damages are a critical part of getting the compensation that you deserve when you’re hurt in a personal injury claim. There are a number of different things that go into valuing non-economic damages. Our legal team has experience helping clients determine the fair value of their non-economic damages. We can help you identify the value of your claim and take steps to document your damages to include as part of your claim. Call us today to begin.