The Basics You Need to Know to Claim Non-Economic Losses

We all know about things like medical bills, lost wages, and repairing damaged property, but there’s a whole other side to injury claims, things that go beyond just the stuff that can be easily measured in dollars. These are called non-economic losses.

A lot of people don’t understand how non-economic losses are treated, what they actually include, or how they can even prove them in a claim. Non-economic losses are much harder to prove because they’re all about things like how you feel and how your life has changed.

So, when you’re trying to claim compensation for things like emotional distress or loss of enjoyment of life, it’s not always as clear-cut. This is why it’s a great idea to talk to a personal injury attorney who knows how to handle these claims. They can help guide you through the process and make sure your side is heard.

Types and Examples of Non-Economic Losses

Here are the types of non-economic losses that you can legally seek compensation for:

• Pain and suffering: This refers to the physical pain you go through because of the injury. It also includes the emotional and mental suffering that comes from it.
• Emotional distress: After an accident, it’s common for people to feel anxious, depressed, or even scared. These feelings of distress and anxiety count as non-economic losses.
• Loss of enjoyment of life: If an injury prevents you from doing things you once enjoyed—like playing sports, going out with friends, or pursuing hobbies—this is something you can claim as part of your non-economic damages.
• Loss of consortium: This is a bit more specific. It refers to the impact an injury has on your relationships, especially romantic or spousal relationships, where the injured person is no longer able to provide the same physical, emotional, or personal connection as they once did.

How Can You Prove Your Non-Economic Losses?

One of the most important things you can do is document everything, literally everything. That means keeping a record of how you’re feeling day by day, any mental or emotional struggles you’re going through, and even changes in your relationships.

You might want to keep a journal where you can write down everything you’re going through physically, emotionally, and psychologically. You can also get statements from friends or family who’ve seen how the injury has impacted you.

If you’re dealing with serious mental health issues like anxiety or depression as a result of the injury, it can also help to see a therapist or counselor who can provide documentation of the emotional toll the injury has taken on your mental well-being.

Also, things like photos and videos showing the difficulty you have performing basic tasks can be valuable. For example, if you can’t walk, get dressed, or even enjoy activities you once loved, having evidence of how this impacts your daily life can help your case.

How Do You Claim Non-Economic Losses?

A competent lawyer can help guide you through the process of claiming non-economic damages. While it’s not always as simple as handing over a receipt or a bill, there are ways to make your case.

First, your lawyer will look at the extent of your injuries and gather all the evidence that can support your claim. That includes things like medical records, accident reports, witness statements, and more. However, non-economic losses are a bit harder to prove because they don’t show up in medical records the way a broken leg would.

Sometimes, you need to get testimonies from people who have seen the changes in your life. They’ll talk about how you were before the accident and what’s different now. Your doctor or therapist can also explain how the injury has affected your mental health. And sometimes, lawyers will bring in experts to help explain the impact an injury can have on someone’s life beyond just physical recovery.