If you are bringing an injury claim after an accident, you are entitled to non-economic damages also known as pain and suffering. These damages are VERY hard to determine because there is a large number of factors that insurance adjusters consider when determining the worth of your case. Learn what constitutes non-economic damages and the details that could affect your claim.
Pain and suffering is the generic term for what lawyers prefer to call non-economic damages. Economic damages, (the other type of damages available) include medical bills, lost wages, and other quantifiable losses. But non-economic damages are harder to show, and include more intangibles like humiliation, pain, suffering, etc.
The worth of economic damages is easy to show - just add up all your bills and losses. For non-economic damages, you will need to determine how much you think you've lost. While we cannot say how much you may have lost, we can explain some of the factors that insurance adjusters will look at:
1. Are there credible witnesses? 2. Were the injured person's injuries consistent with their actions? 3. Were there any pre-existing injuries? 4. Did the injured person have to change their daily routine? Hobbies? 5. Was the injured person's family affected by the accident? 6. How old is the victim? Appearance? 7. How educated is the victim? What is their job and income? 8. How does this injury affect the person's lifestyle? 9. What is the person's pain tolerance? 10. Is the victim an eloquent speaker, who will gain jury sympathy?
All of these are important, though some of them (such as appearance) seem unfair. But lawyers and adjusters have to look at these subjective factors because a jury will be looking at the injury victim for all of these at trial - even if the jury members are no consciously doing so.
We do not solicit business or send notices to anyone's email addresses. If you believe you have received an email from us and have no idea what it's concerning, do not open any attachments included in it and please forward it to . Help us put an end to web scams and bogus email.