When someone gets hurt in an accident, the pain goes far beyond medical bills and missed work. Some injuries leave scars we can’t see. These are called non-economic damages, and proving them isn’t easy. But they matter—because they show the actual cost of an accident on a person’s life.
In San Bernardino, personal injury cases are not rare. With over 2,000 serious injury crashes reported in recent years, many people face pain that doesn’t show up on a receipt. A San Bernardino personal injury lawyer can help victims prove pain and emotional suffering.
What Are Non-Economic Damages?
Non-economic damages are the losses you can’t measure with a calculator. These include pain and suffering, emotional distress, loss of enjoyment in life, and loss of companionship.
For example, if a person can’t play with their kids like they used to because of an injury, that’s a non-economic loss. Unlike medical costs or lost wages, these damages don’t come with a receipt or bill. But they are just as important.
Common Types of Non-Economic Damages
Here are some of the most common types:
- Pain and suffering: Ongoing physical pain that affects daily life.
- Emotional distress: Feelings like fear, sadness, or anxiety caused by the injury.
- Loss of enjoyment of life: Not being able to enjoy hobbies or social events.
- Loss of companionship: When relationships suffer because of the injury.
- Disfigurement or permanent physical changes: Scars or injuries that change how a person looks or moves.
Key Evidence That Can Help
Even though non-economic damages are hard to see, certain types of evidence can help make them clear:
- Medical records show how much pain a person is in and what treatment they’re getting.
- Mental health records: Reports from therapists or counselors can support claims of emotional pain.
- Pain journals: Writing down how an injury affects daily life helps prove what a person is going through.
- Testimonies from others: Family, friends, and coworkers can explain how someone’s life has changed.
- Photos and videos: These can show struggles during recovery or changes in activities.
- Expert witnesses: Doctors or mental health experts can discuss how injuries affect someone’s well-being.
What Affects the Value?
Some things make non-economic damages worth more or less in court:
- How bad the injury is: More severe or long-term injuries usually mean higher damages.
- Age and life situation: Younger people or those with active lifestyles may show more loss.
- Impact on daily life: If the injury changes how a person lives day-to-day, it may be worth more.
- Consistency in the story: It helps if a person’s words, journal, and medical records all match.
- Support from professionals: Strong medical or mental health records carry weight.
Legal Strategies That Work
To make a strong case, it helps to use innovative legal strategies:
- Start documenting immediately: Keeping a record from the start shows honesty and truth.
- Be open about emotional pain: Don’t hide mental health struggles—get support and document them.
- Avoid confusing messages: Posting happy photos on social media could hurt your claim.
- Use expert witnesses wisely: Judges and insurance companies listen to professionals.
- Work with a good lawyer: A lawyer knows how to present the whole story clearly and legally.
Common Challenges
Proving non-economic damages comes with a few bumps in the road:
- They are hard to measure: Pain and sadness don’t come with price tags.
- Insurance companies often push back: They may try to downplay how bad things are.
- It’s easy to miss details: It can be hard to prove if a person doesn’t document their pain.
How a Lawyer Can Help
An experienced personal injury lawyer plays a significant role in showing these damages. They gather the proper documents, help with expert witnesses, and build a strong story showing an injury’s real impact. They also protect clients from insurance companies that try to settle for less.
The Final Say!
Non-economic damages are real. They affect how someone lives, feels, and connects with others. With the proper steps and firm support, these losses can be proven in court, so that the full pain of an injury is not ignored.
