Navigating Non-Economic Damages
Non-economic damages are more subjective. They compensate you for the non-financial, personal hardships caused by the whiplash injury. These losses don’t come with a receipt, but they are just as real and impactful. In Oklahoma, there is no cap on non-economic damages in most personal injury cases.
Pain and Suffering
This is the most common type of non-economic damage. It covers the physical pain and discomfort you experience from the whiplash injury itself, as well as the suffering from your medical treatments and recovery process. This can include chronic neck pain, headaches, stiffness, and radiating pain into your shoulders and arms.
Proving pain and suffering often involves:
- Your personal testimony about your daily pain levels.
- Medical records that document your symptoms and complaints of pain.
- Testimony from family and friends who can speak to how the injury has affected you.
Mental Anguish and Emotional Distress
A car accident and the resulting injury can be a traumatic event. Mental anguish damages compensate for the psychological impact of the injury. This can include feelings of fear, anxiety, depression, insomnia, and post-traumatic stress disorder (PTSD).
For example, you might develop a fear of driving or experience anxiety when in a car. This emotional distress is a compensable part of your whiplash claim. A diagnosis from a mental health professional can significantly strengthen this aspect of your case.
Physical Impairment or Disfigurement
If your whiplash injury results in a long-term or permanent limitation of your physical abilities, you can claim damages for physical impairment. This might involve a permanent loss of range of motion in your neck or chronic pain that prevents you from enjoying hobbies, exercising, or performing daily tasks you once could.
Disfigurement is less common with whiplash but could apply if the accident caused scarring or other visible injuries.
Loss of Consortium
This damage is claimed by the uninjured spouse of the victim. It compensates them for the loss of companionship, affection, and services that their injured partner can no longer provide due to the whiplash injury. For instance, if the injury’s chronic pain and emotional distress negatively impact the marital relationship, the spouse may have a claim.