Understanding non-economic damages is essential when pursuing a personal injury claim in San Bernardino, CA. These damages compensate you for losses that don’t have a specific dollar value attached. While medical bills and lost wages are easy to calculate, non-economic damages address the human suffering caused by your injuries.
Continue reading to learn more about non-economic damages and how they can affect your personal injury claim.
What Are Non-Economic Damages?
Non-economic damages compensate you for losses that don’t have receipts or invoices. Unlike medical bills that show exact costs, these damages address suffering that can’t be precisely measured. California law recognizes that injuries cause harm beyond financial losses.
These damages acknowledge the invisible wounds of an accident. Pain doesn’t come with a price tag, but it deserves compensation. Emotional trauma, loss of enjoyment, and relationship damage all fall under non-economic damages.
Courts and juries determine these amounts based on the severity and impact of your injuries. The more significantly your life changed, the higher your non-economic damages typically are. Your attorney presents evidence showing how injuries affected every aspect of your daily life.
Types of Non-Economic Damages in Personal Injury Cases
California recognizes several categories of non-economic damages. Each type addresses a different aspect of how injuries affect your life. Understanding these categories helps you identify all the ways you are entitled to compensation.
Common types include:
- Pain and suffering from physical injuries
- Emotional distress, including anxiety, depression, and PTSD
- Loss of enjoyment of life and inability to participate in hobbies
- Loss of consortium affecting relationships with spouses and family
- Disfigurement and scarring that affects appearance
- Loss of reputation in professional or social circles
Each case involves different combinations of these damages. Your specific injuries and circumstances determine which types apply to your situation. An experienced attorney ensures no aspect of your suffering goes uncompensated.
How Non-Economic Damages Are Calculated
Unlike economic damages, which have specific dollar amounts, calculating non-economic damages involves more subjectivity. No mathematical formula determines the value of pain or measures emotional distress. Courts use various methods to reach fair compensation amounts.
Common calculation approaches include:
- Multiplier method: Economic damages multiplied by a number (1.5 to 5) based on severity
- Per diem method: A daily rate for pain multiplied by recovery days
- Jury discretion: Jurors determine amounts based on evidence and arguments
- Comparison with similar cases: Looking at awards in comparable situations
The multiplier typically increases with injury severity. Permanent disabilities, disfigurement, or life-altering injuries warrant higher multipliers. Your attorney argues for the appropriate calculation method and multiplier based on your circumstances.
Evidence That Supports Non-Economic Damages
Non-economic damages are easier to win when you can show real examples of how your injury changed your life. Your story matters, but it needs support from people and records that confirm what you are going through. The goal is to make your pain and daily limits clear to an insurance company or jury.
Helpful proof may include:
- Medical notes describing pain levels or emotional symptoms
- Mental health records for anxiety, depression, or PTSD
- Photos showing scars, braces, or daily struggles
- Statements from family, friends, or coworkers about changes they have seen
- A pain journal that tracks symptoms and missed activities
This sentence bridges the list to the next section. Strong evidence helps connect your suffering to the accident and shows why the damage value should be higher.
Limits on Non-Economic Damages in California
In most California personal injury cases, there is no general cap on non-economic damages. That means people hurt in car crashes, falls, or other negligence cases can seek a full amount based on their losses. The final number depends on the evidence and how serious the harm is.
One major exception is medical malpractice. California’s MICRA law limits non-economic damages in malpractice cases, with higher caps that rise each year. As of recent updates, the cap started at $350,000 for injury cases and $500,000 for wrongful death cases, and it increases annually.
How Non-Economic Damages Affect Settlement Value
Non-economic damages often drive the biggest differences in settlement offers. Two people might have the same medical bills, but the person with lasting pain or emotional trauma may receive more. Insurance companies look closely at how your daily life changed when deciding what to offer.
Because these damages are not tied to receipts, insurers may try to downplay them. They may argue you healed quickly, had a similar problem before, or are exaggerating. Clear medical proof and consistent reporting help protect the value of this part of your claim.
Contact the San Bernardino Personal Injury Lawyers at Kenny Ramirez Law Firm Personal Injury Lawyers for Help Today
At Kenny Ramirez Law Firm Personal Injury Lawyers, our San Bernardino personal injury attorneys have 15 years of combined experience fighting for accident victims. We know how to prove non-economic damages and get you fair compensation for your pain.
Contact us at (909) 515-0646 today for a free consultation and find out how we can help you recover the full compensation you deserve for both economic and non-economic losses.