In San Diego, when you file a personal injury lawsuit, you would probably focus on tangible losses such as loss of wages, high medical bills, and more. If you consult with an experience that emotional and psychological damages are equally significant to mention in the claim. There is a specific category for emotional drama and non-economic damages, which can increase your claim amount and help you recover from the unforeseen events of the injury in the future. So, let’s understand the non-economic damages and why their inclusion in the claim matters.
Understanding Non-Economic Damages
Several kinds of injuries cannot be quantified in monetary terms. These are collectively known as non-economic damages and are included in the compensation claim. The emotional and psychological trauma that you had to go through due to the injury are included in these damages, such as:
- The physical and mental suffering you have to go through and loss of enjoyment of life due to being unable to engage in hobbies or any activities.
- You are not capable of going through the daily routine due to emotional trauma.
- You are suffering from anxiety, depression, or any other psychological trauma due to the injury.
- You are suffering from emotional distress due to the displacement or scarring, which has left a visible physical change on your body after the injury.
- Death of any family member, wrongful death, or loss of companionship, support, and affection are counted in the claim as non-economic damage.
Why Emotional Trauma Matters in Claims?
When you go through an unexpected accident resulting in an injury, it not only has an impact on your body but also disrupts the emotional state of a person. It can also affect your independence or doing simple tasks, like walking, working, and spending time with your family. The entire aspect can be frustrating and full of grip, and thus, you need help from a personal injury attorney in San Diego from https://hhjtrialattorneys.com/ to rebuild your life. The compensation for emotional trauma can help to restore the stability of the victim. In most provinces, there is no cap on non-economic damages for personal injury cases, but certain exceptions can be applied based on the situation.
Challenges in Calculating Non-Economic Damages
Non-economic damages are inherently subjective, so it becomes difficult to determine their monetary value. In this case, the court and insurance adjuster take in specific points to estimate the rightful value of the claim, such as:
- The severity of the injury and how it will impact the victim’s daily life.
- Psychologists and therapists can be involved to take expert testimony and quantify the emotional trauma the victim is going through.
- To support the claim of psychological stress, the victim’s statements and medical records are verified for credibility.
Seeking Compensation for Emotional Trauma
If you want to strengthen your claim, you must collaborate with an experienced personal injury lawyer who can help document the emotional impact through therapy records or journals. They can also use strategies to produce witness testimonies who witness changes in your life after the injury.
Most importantly, they can negotiate and advocate on your behalf to maximize the compensation through court or settlements.
