Non-economic damages are for losses that do not have a definite price, such as pain, despair, and losing the joy of life. These damages are often the most personal effects of an injury in personal injury lawsuits.
Judges and insurance companies carefully determine the value of non-economic damages by evaluating documented proof. As such, strong documentation helps show how the injury is linked to daily constraints and emotional effects, instead of just making guesses.
What are damages that do not cost money?
Non-economic damages are damages that do not cost money but impact how a person feels and lives. Common types of noneconomic damages include emotional and mental discomfort, scars, disfigurement, and losing the ability to enjoy normal activities.
Unlike economic damages, non-economic damages are not calculated by adding up bills. Instead, courts look at how the injuries affect your life over time.
History of Treatment and Medical Records
Medical records are crucial pieces of evidence when someone is suing for losses that are not money-related. These records do not indicate how much pain is worth in terms of money; they keep track of how horrible it is and how long it lasts.
You might be able to tell if your pain is short-term or long-term by looking at your doctor’s notes, diagnostic imaging, and therapy recommendations. If someone keeps complaining or sending someone to an expert, it supports claims of continuing discomfort or emotional stress.
1. Personal Testimony and Statements of Impact
It is also crucial for the person who was injured to talk about what occurred to them. Testimony can indicate how pain affects sleep, work, or daily tasks in a way that charts alone cannot.
The courts may also look at written impact statements that talk about how the person’s mood, independence, and everyday life have changed. When it fits with medical records, it makes the testimony more believable.
2. What your family, friends, and coworkers have to say
Third-party observations help prove that behavior and quality of life have changed. After the injury, family members may notice that the person is acting differently, pulling away, or getting angrier.
Coworkers can tell when someone is having trouble concentrating, missing work, or having problems that were not there before. These observations help show that the effects are clear and last for a long time.
3. Pictures and other kinds of visual proof
Images and videos showing someone struggling to walk, do chores, or engage in hobbies can also illustrate the extent of their suffering.
4. Records and evaluations of mental health
If someone says they lost something because they were unhappy, counseling or therapy records might help support these claims. These numbers can show that the injury caused you to be sad or traumatized.
Professional evaluations can make sure that emotional symptoms are real and have to do with the event, not merely other things that are stressing you out.
You may also want to keep a diary of your daily feelings, missed activities, and pain levels. This creates a timeline that links therapy, testimony, and changes observed during the recovery process, all without exaggeration or hindsight bias.
What Do the Courts Think About This Evidence?
Judges and juries consider how believable, consistent, and long-lasting the evidence is when they decide on non-economic damages. People view short-term pain differently from long-term harm that is substantiated by continuous therapy and corroborative testimony from others.
The California Courts’ description of civil damages is an example of how state court systems set general rules for non-economic damages.
Key Takeaways
- Non-economic damages are payments for things that can’t be measured in money.
- Medical data can tell you how bad something is and how long it will last.
- Personal and third-party statements give important background information.
- Showing that you are mentally and visually healthy might make your claims stronger.
- Keeping records consistently makes you more credible and valuable.
