Car Accident Non-Economic Damages

Car accident non-economic damages compensate a victim for intangible losses, including damage to their well-being, physical pain and suffering, and emotional distress. Only a skilled car accident lawyer in Chicago can accurately evaluate these damages to ensure that you receive a fair amount during settlement negotiations. 

Rosenfeld Injury Lawyers helps car accident victims get the financial compensation they deserve and protects them from third parties during the healing process. Contact us today to schedule a free consultation. 

What Distinguishes Non-Economic Damages From Economic Damages?

Personal injury cases have two types of damages: economic damages and non-economic damages. Economic damageshave a tangible monetary sum, like medical bills, lost wages, or property damage. 

On the other hand, non-economic damages seek compensation for intangible losses, such as the emotional trauma of a car accident or the loss of a normal daily life. It is more difficult to prove non-economic damages, making it essential that you work with a skilled car accident attorney who can support your claims. 

How Is Pain and Suffering Defined in a Car Accident Case?

In legal terms, pain and suffering are the discomfort and distress of physical injuries. For example, if the injury caused permanent disabilities, the physical pain can make it difficult to work, focus, or socialize. 

Can You Receive Compensation for Emotional Distress and Mental Anguish?

In many cases, a car accident causes significant emotional distress, including depression, anxiety, trouble sleeping, and even post-traumatic stress disorder. Car accident victims often become afraid of driving again, which can make it difficult to enjoy life in an area like Rosemont or Schaumburg. 

The Illinois Supreme Court case Thornton v. Garcini established that expert testimony, like that from a mental health professional, is not necessary to prove emotional distress. However, our Chicago personal injury attorneys can interview medical experts, family members, and therapists to assign a value to your emotional distress. 

Do Chicago Personal Injury Laws Cover Loss of Enjoyment of Life and Consortium?

Illinois personal injury claims can include loss of enjoyment of life, which includes things like being unable to indulge in sports, hobbies, and family activities.

For married victims or those in a long-term relationship, loss of consortium refers to the intangible benefits of a relationship. These can include companionship, affection, physical intimacy, emotional support, childrearing, and household chores. 

Proving non-economic damages related to loss of consortium can be challenging, as these questions may feel invasive. However, our skilled attorneys are here to advocate for you and your loved ones. We will sensitively secure depositionsand ensure that insurance companies do not ask inappropriate questions. 

How Do Insurance Companies Value Non-Economic Losses in a Car Accident Claim?

There are two methods used when calculating non-economic damages, such as pain and suffering, which are as follows.

• Multiplier: This takes your economic damages, like lost income and medical bills, and multiplies them by a certain factor, typically between 1.5 and 5. A low multiplier is for minor injuries, while a higher one is for severe, life-altering injuries.
• Per Diem: With this method, your injuries are assigned a daily monetary value, which is often based on your typical wages prior to the accident. The daily value is then multiplied by the number of days that you are expected to be suffering. 

Will the Multiplier Method or Per Diem Method Determine My Compensation?

The method used to calculate your non-economic damages often depends on the extent of your injuries. If you became permanently disabled, like with a spinal cord injury, then the injury multiplier is usually the better option. This is because you will have serious economic damages that are then multiplied by your pain and suffering. 

The per diem method is often more suitable if you have more minor injuries that may require a long recovery time, like broken ribs. These may be given a low injury multiplier, which can significantly reduce your non-economic damages. 

Our team will ensure that the right tool is used to maximize your settlement.

Are There Legal Limits on Non-Economic Damages in Illinois?

The court case Lebron v. Gottlieb Memorial Hospital removed all statutory caps on non-economic damages, meaning that juries can award any sum they feel is appropriate. Individuals with catastrophic injuries, significant future pain and suffering, and very diminished earning capacity often receive thousands of dollars in non-economic damages, calculated by the overall impact on their daily life. 

How Can a Car Accident Attorney Help Prove Subjective Injuries?

In personal injury cases, we use a variety of types of evidence to prove non-economic damages, which include the following.

• Medical Records: These will show the extent of your injuries and provide examples of what kind of discomfort you may experience.
• Expert Testimony: Medical professionals, life care planners, and mental health experts can discuss the impact of a car accident on a victim.
• Relatives and Friends: Your loved ones can provide narratives about the challenges you have faced, like anxiety about driving or fear of being alone.
• Personal Narratives: Writing a pain diary and documenting your recovery can be powerful evidence in a personal injury case. 
• Psychological Evaluations: Therapists and psychiatrists can diagnose PTSD or depression.
• Economic Damages: The monetary value of your economic damages can be multiplied to identify a fair settlement. 

Contact Rosenfeld Injury Lawyers for a Free Case Evaluation

Our Chicago personal injury attorneys have helped over 5,000 clients secure fair non-economic damages for medical malpractice, car accidents, workplace injuries, and more. Through our aggressive negotiation, we protect you from deceptive insurance company practices and enable you to focus on healing. 

We have an A+ rating with the Better Business Bureau, demonstrating our commitment to world-class legal support.

Rosenfeld Injury Lawyers works on a contingency fee basis: no fees unless we earn you financial compensation. Schedule your free consultation by calling (888) 424-5757 or using our online contact form.