Introduction: Understanding Damages in Personal Injury Cases

If you’ve been injured due to someone else’s negligence, it’s important to understand the types of compensation—also known as damages—you may be entitled to. In personal injury lawsuits, damages are awarded to make up for the losses you’ve experienced. At Roberts Markland, we aim to ensure that you receive fair compensation for everything you’ve gone through, both financially and emotionally.

When it comes to damages, there are two main types: economic and non-economic. Let’s break them down and look at how they’re calculated.

What Are Economic Damages?

Economic damages are the easiest to understand because they relate to the financial costs you’ve incurred due to your injury. These are the measurable, out-of-pocket expenses that can be backed up by receipts, bills, or pay stubs. Here are some common examples:

• Medical expenses: This includes everything from hospital bills, physical therapy, surgery, medication, and any future medical costs you might have related to the injury.
• Lost wages: If you’ve had to miss work due to your injury, you can claim compensation for those lost earnings. If your injury has affected your long-term earning capacity, you can also seek damages for future lost wages.
• Property damage: If your injury occurred in a situation like a car accident, any damage to your vehicle or other property can be included as economic damages.
• Out-of-pocket expenses: These could include anything from transportation to medical appointments to home modifications (like installing ramps or medical equipment) due to your injury.

Since these costs are easily trackable, calculating economic damages is often straightforward. You’ll need to gather financial documents, bills, and receipts to show exactly how much your injury has cost you.

What Are Non-Economic Damages?

Unlike economic damages, non-economic damages are harder to put a number on because they deal with more subjective aspects of your injury—things like pain and emotional suffering. Non-economic damages are meant to compensate you for the ways your injury has affected your life beyond just your wallet.

Common examples of non-economic damages include:

• Pain and suffering: This is compensation for the physical pain you’ve endured as a result of your injury.
• Emotional distress: Many personal injury victims experience anxiety, depression, or PTSD after their accident. Emotional distress damages aim to compensate for that emotional toll.
• Loss of enjoyment of life: If your injury has kept you from doing activities or hobbies you once loved, you can seek compensation for the loss of enjoyment.
• Loss of companionship or consortium: If your injury has impacted your relationship with your spouse or family members, you may be entitled to damages for the emotional impact on those relationships.

While these damages are more difficult to quantify, they’re just as important as economic damages. After all, an injury can change your life in more ways than just financially.

How Economic and Non-Economic Damages Are Calculated

Economic damages are relatively straightforward to calculate since they involve real, documented expenses. You add up your medical bills, lost wages, and other receipts to get the total amount. Simple, right?

Non-economic damages, on the other hand, require a little more work. There are a few methods attorneys use to estimate non-economic damages, including:

• The multiplier method: This involves multiplying your total economic damages by a number (usually between 1.5 and 5, depending on the severity of the injury). For example, if you had $100,000 in economic damages, and the multiplier is 3, your non-economic damages could be calculated at $300,000.
• The per diem method: With this approach, a certain dollar amount is assigned to each day you’ve suffered from the injury, from the date of the accident to the time you recover.

At Roberts Markland, we carefully assess your case to choose the best method for calculating your non-economic damages and ensuring you receive fair compensation.

Limits on Non-Economic Damages

It’s important to note that some states impose caps on non-economic damages, particularly in cases involving medical malpractice. This means that no matter how severe your injury or emotional suffering is, there may be a legal limit to how much compensation you can receive for non-economic damages.

At Roberts Markland, we’re well-versed in navigating these caps and ensuring our clients get the maximum compensation possible under the law. We’ll make sure you’re aware of any limitations that could affect your case.

The Role of Expert Testimony in Evaluating Damages

To accurately evaluate both economic and non-economic damages, we often rely on expert testimony. Experts such as doctors, economists, and vocational specialists help us paint a complete picture of how your injury has impacted your life.

For example:

• Medical professionals can testify about the long-term effects of your injury and future medical needs.
• Economists can provide insight into how your injury may affect your future earning potential.
• Therapists or counselors may offer testimony about the emotional toll the injury has taken.

These experts help ensure we capture the full scope of your damages, giving us the information needed to build a strong case for fair compensation.

The Importance of Proper Documentation

Documentation is key when it comes to proving economic damages. This includes keeping track of all medical bills, lost wages, receipts, and any other financial costs related to your injury.

But don’t forget about documenting your non-economic damages, too. Keeping a journal about how the injury has impacted your daily life—physically and emotionally—can be helpful when it comes to proving pain and suffering or emotional distress. The more thorough your records, the stronger your case will be.

How Roberts Markland Maximizes Client Compensation

At Roberts Markland, we work hard to make sure our clients are fully compensated for both economic and non-economic damages. We have years of experience negotiating settlements and, when necessary, taking cases to trial to secure the best outcome for our clients.

By working with expert witnesses, gathering detailed documentation, and understanding state laws and damage caps, we maximize compensation to cover all aspects of your injury.

Ensuring Fair Compensation for All Damages

When it comes to personal injury lawsuits, it’s crucial to evaluate both economic and non-economic damages to ensure fair compensation. Injuries can have a lasting impact not only on your finances but on your emotional well-being and quality of life.

At Roberts Markland, we’re committed to helping you get the compensation you deserve for all the ways your injury has affected you. If you have any questions about your personal injury case, reach out to us today. We’re here to help every step of the way.