When you’ve been injured in an accident that isn’t your fault, like a car accident or medical malpractice incident, you may already know you can seek compensation for your medical bills and lost wages. But Pennsylvania law also allows you to pursue non-economic damages, which compensate you for the more personal ways your injury has affected your life.
These losses don’t come with a price tag attached, so they can be difficult to calculate and prove. Even so, understanding non-economic damages is key to getting the financial recovery you deserve.
Below, we discuss what non-economic damages are, give examples of the kinds of losses they cover, and explain the types of evidence you can submit to prove your claim.
What Are Non-Economic Damages?
In Pennsylvania personal injury claims, non-economic damages pay for the intangible harm you’ve suffered because of someone else’s negligence. While economic damages focus on financial costs like hospital bills or property damage, non-economic damages aim to cover losses that aren’t as easy to measure in dollars and cents.
Some people think of these as “pain and suffering” damages, but they can include much more than that. Generally, these losses are linked to how an injury disrupts your everyday life, emotional well-being, and personal relationships—things that don’t come with an itemized receipt.
Examples of Non-Economic Damages
Non-economic damages take many forms. What qualifies will vary from one case to another, depending on the specific facts and how an injury impacts you.
Here are some of the most common:
- Physical pain and suffering: If you have long-lasting aches, severe discomfort, or permanent disabilities, you can ask for compensation that reflects that hardship.
- Emotional distress: Many people struggle with anxiety, depression, or even post-traumatic stress disorder (PTSD) after a serious accident.
- Loss of enjoyment of life: If your injuries prevent you from taking part in hobbies, sports, or social activities you once loved, you could claim damages for that lost fulfillment.
- Loss of companionship: If your injuries affect your ability to show affection or maintain a healthy relationship with a spouse or partner, you might be entitled to damages for that change.
- Scarring or disfigurement: If your appearance has changed permanently, you may recover compensation for the emotional pain that comes with visible scars or other noticeable differences.
Every case is different, so it’s wise to discuss your situation with a legal professional who can pinpoint which types of non-economic damages may apply to you.
How Are Non-Economic Damages Calculated?
Unlike medical bills or lost wages, there’s no direct formula for putting a dollar value on non-economic losses. However, there are a couple of methods that are often utilized.
The first is called the multiplier approach—taking your economic damages (like hospital costs) and multiplying by a number (often 1.5 to 5) based on the severity of your injuries.
The other is the per diem method, assigning a daily rate for your pain and suffering and multiplying that by the number of days you’ll be affected.
Ultimately, courts and insurance adjusters consider factors like:
- How serious your physical injuries are
- Whether your injuries are permanent or likely to heal
- The mental and emotional toll of the accident
- The effect on your ability to enjoy normal activities or earn a living
- Your age and overall health prior to the accident
These considerations can help decision-makers arrive at a figure that reflects the impact on your life. Still, proving non-economic damages can be challenging, and strong evidence is key.
Strengthening Your Claim for Non-Economic Damages
Putting together a compelling case for non-economic damages often involves more work than it does for economic damages. Some of the types of evidence you can bring in favor of your claim include the following:
- Medical evidence
- Detailed records, like in a daily journal
- Testimony from friends and family
- Expert testimony
The more evidence you can present in the process of your case, the harder it is for an insurance company or defense attorney to argue that you haven’t truly suffered.
How Much Does It Cost to Hire a Pennsylvania Personal Injury Lawyer?
Most personal injury attorneys work on a contingency fee basis, meaning your attorney must obtain compensation for you in order to get paid. This gives you a way to pursue a claim without the added stress of worrying about the potential financial burden of legal representation.
Our Pennsylvania Personal Injury Lawyers Can Help You Accurately Calculate Your Damages
If you’re dealing with the emotional and physical fallout of a serious accident in Pennsylvania, don’t overlook your potential right to non-economic damages. Money can’t erase the harm you’ve suffered, but it can help you rebuild your life and secure your future.
Remember, the insurance company is not on your side. They may try to minimize or even deny how much you’ve been harmed. Contact a trusted Pennsylvania personal injury lawyer at (570) 714-4878 to schedule a free consultation with a personal injury attorney at Fellerman & Ciarimboli, Law PC.
