How Personal Injury Attorneys Evaluate Non-Economic Damages
Personal injury attorneys play an instrumental role in helping victims of accidents or negligence secure fair compensation for their losses. While economic damages such as medical expenses and lost wages are relatively straightforward to calculate, non-economic damages like pain and suffering, emotional distress, or loss of enjoyment in life can be more difficult to quantify.
Non-economic damages refer to the intangible costs that a victim incurs due to an injury. These include physical pain and suffering, mental anguish, disfigurement, loss of consortium (companionship), humiliation or damage to reputation, and even the loss of enjoyment of life. As these factors don’t have a direct monetary value attached to them like medical bills do, personal injury attorneys need to use different methods and approaches when evaluating non-economic damages.
One common method used by personal injury attorneys is the multiplier method. This involves calculating the total economic damages (like medical bills and lost income) then multiplying it by a certain number usually between 1.5 and 5 depending on the severity of the injuries sustained. For instance, if a person’s economic losses amount to $50,000 and their injuries were severe causing significant disruption in their lives; an attorney may multiply this figure by five resulting in $250,000 worth of non-economic damages.
Another approach used is per diem or daily rate calculation where a specific dollar amount is assigned for each day from the date of accident until maximum recovery. The challenge here lies in determining what constitutes a reasonable daily rate. Some may argue that it should be based on your daily earnings while others believe it should reflect how much you would pay not to experience such pain.
In both methods though subjective they may seem; personal injury attorneys often rely on evidence including medical records detailing severity and prognosis of injuries; psychological evaluations documenting any emotional trauma; testimony from friends or family about changes in lifestyle among other things which can substantiate claims for non-economic damages.
However, not all jurisdictions allow for the recovery of non-economic damages, and some have caps on the amount that can be awarded. Therefore, it’s crucial for personal injury attorneys to understand the laws in their specific jurisdiction before proceeding with a case.
In conclusion, evaluating non-economic damages is a complex process that requires both legal knowledge and human understanding. Personal injury attorneys must use their expertise to quantify these intangible losses and fight for fair compensation on behalf of their clients. By doing so, they help ensure that victims are fully compensated for all aspects of their loss – not just those with a clear monetary value.
Munley Law Personal Injury Attorneys
1617 John F Kennedy Blvd #1690, Philadelphia, PA 19103
12155157747