Personal injury can be emotionally and financially distressing for most people, especially after a catastrophic injury due to the other party’s negligence. In legal terms, compensation is an essential topic that may require substantial evaluation by attorneys, insurers, doctors, and witnesses. About 400,000 personal injury claims are filed annually in the U.S., where 4% of those go to trial.
Traffic injuries are the most common cause of unfortunate deaths in Albany and most of New York, covering about 11% of the fatalities, where about 7% require hospitalization, and 8% require ER visits regularly. Falls in Albany account for nearly 56% of hospitalizations and 15% of deaths yearly. The right attorneys and law firms can ensure you file a personal injury claim in Albany, where incidents range from vehicular accidents to construction accidents to nursing home abuse to medical malpractice.
These professionals in Albany can help you increase your compensation and deal with legal complexities. At the same time, you can focus on optimal recovery, as they are trained and experienced professionals who have tackled a multitude of injury claims and conducted extensive investigations of details. They also let you in on the required facts, data, and updates that can provide the compensation you deserve.
Losses can be broadly categorized as economic and non-economic, which are difficult to evaluate but essential to address. The negligent acts of others have to cost you in ways where you are no longer able to live life to the best of your ability, like walking to the park, being able to perform effectively at work, or having an active lifestyle. These essential factors reduce social contact, creating trauma and lifestyle issues. It is crucial to address these non-economic losses through appropriate testification, which will be discussed in this article:
What are Non-Economic Damages to Personal Injury?
Given all the complications, you must have a professional on hand to carry out legal matters while focusing on recovery. Injury goes beyond medical compensation in the form of non-economic factors that come into play. New York laws require about three years to file an injury claim. (The statute of limitations)
Non-economic costs and damages are subjective and include mental distress, pain, suffering, inconvenience, loss of ability to perform effectively and efficiently in the organization, loss of successful career and relations, loss of consortium, and happiness. They are less concrete and evaluated mainly by the jury. It may also cover emotional anguish, pain, humiliation, reputational damage, and other factors. Punitive damages are punishment-related, such as to deter intentional malice and harmful behavior. They are neither economic nor non-economic.
Given below are five non-economic losses in a personal injury case:
- Pain and Suffering
Personal injury mishaps are undoubtedly traumatic. You have the right to insist that a responsible party recognizes the suffering and unnecessary stress you’ve had to undergo since these accidents result from someone else’s carelessness and misconduct. You can use this pain and suffering in your demand for compensation in your civil suit.
- Wrongful Death
In unfortunate cases where a loved one has passed away because of others’ negligence, wrongful death helps you demand a compensation for your grief and the subsequent loss of economic and mental support. The liable party, the defendant, is responsible for compensating funeral expenses, loss of companionship, and consortium. This is not undertaken to replace love with money but to provide the necessary economic support and companionship you can no longer enjoy.
- Mental Distress
This includes emotional anguish and agony, mental discomfort, and other psychological impacts on the injured victim. These psychological impacts are crucial to consider, as they may result in anxiety, depression, PTSD, and other traumatic conditions. Personal injury claims also include a settlement for the negligence of the other parties, for which you need to present the loss’s estimate to the court.
- Loss Of Enjoyment & Consortium
This refers to the inability to engage in activities they enjoy or live up to one’s optimal lifestyle. Consortium usually arises due to wrongful death or injury to a person’s loved one. It refers to losing companionship, love, affection, and intimacy.
- Worsening Of Prior Injury
If the plaintiff had a prior injury that has worsened due to the current injury, they can also demand compensation for that. One can also claim compensation for reputational damage and humiliation due to disfigurement or permanent scarring. These factors can prove detrimental to one’s self-esteem and lifestyle.
Conclusion
Non-economic damages are not only mercurial but also require meticulous calculations. One wrong move can potentially prevent you from getting the compensation you deserve. You must make sure you get the proper support, expertise, and professionalism to fight for this compensation in your place.