Non-Economic Damages
Non-economic damages are more subjective and aim to compensate victims for the physical and emotional toll of their injuries. While harder to quantify, they are just as significant as economic damages.
1. Pain and Suffering
This compensation accounts for the physical pain caused by your injury. It takes into consideration the severity of your injuries, the level of discomfort endured, and how your daily life has been affected.
Example: A severe shoulder injury from a sidewalk trip may leave you unable to perform routine tasks like carrying groceries or reaching above your head. These limitations, in addition to the pain you experience, are factors in calculating pain and suffering damages.
2. Mental Anguish and Emotional Distress
A trip and fall injury can be emotionally devastating. Victims may suffer from anxiety, depression, or even post-traumatic stress disorder (PTSD) following an accident. Non-economic damages aim to address this emotional suffering.
For example, someone left traumatized after a fall in a grocery store might develop a fear of public spaces, impacting their independence and quality of life. This emotional distress is a valid component of a claim.
3. Loss of Enjoyment of Life
Serious injuries can prevent you from enjoying hobbies, pastimes, and activities that once brought you joy. Whether it’s gardening, playing with your children, or participating in sports, this loss is compensable. Non-economic damages seek to restore, at least partially, the joy and fulfillment you’ve lost due to your injury.
4. Loss of Consortium
If your injuries have adversely affected your relationships—for instance, causing a strain on your marriage—non-economic damages can include compensation for loss of consortium. This damage category addresses the negative impact on your ability to maintain close relationships due to the accident.
Â