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A Detailed Guide on Claiming Non-Economic Damages After a Car Accident

Unlike economic damages, which are very easy to quantify, non-economic damages are far more complex.

As an ordinary person with no legal background, how can you quantify non-economic damages such as pain, suffering, and loss of happiness? You will need a legal professional to help you do the valuation.

Any victim must talk to an experienced car accident attorney for the guidance they need and to secure fair compensation. These legal professionals understand how to navigate the legal world and come up with an estimate that covers all your losses.

This guide will talk about how to claim non-economic damages after a car accident. Continue reading.

Understand what non-economic damages are

In the process of initiating a claim for non-economic damages, making an effort to understand what they really mean is essential. Non-economic damages are intangible losses with no direct monetary value, but they seriously affect the quality of life. They include pain and suffering, loss of enjoyment of life, and disfigurement or disability.

Seek medical and psychological documentation immediately

Proper documentation is essential to prove the evidence of non-economic damages. The documents will assist in establishing the claim for these damages. To comprehensively meet this step, you must ensure you obtain the documents as follows:

  • Secure a medical report that clarifies your physical injuries and how they directly affect your daily life.
  • Seek psychological evaluation from an authorized professional to document emotional and mental health problems arising from the accident.
  • Keep a journal to help you record pain levels, emotional disturbances, and any limitations on your life daily.

Gather supporting evidence

Apart from the medical documents, you must collect or gather any relevant evidence to make your case waterproof. This extra supportive evidence may include witness testimony, photographic evidence, and expert testimony from medical professionals and therapists to explain the long-term implications of your injuries.

Determine the value of your claim

Non-economic damages are subjective; hence, their valuation is very complex, and you must hire an attorney to help you through this process. The attorney understands the methods they can use to determine the value of your claim. These methods are as follows:

  • Multiplier Method: This method involves multiplying the total economic damages by a factor, usually 1.5 to 5, depending on the severity of your injuries.
  • Per Diem Method: This involves assigning a daily value to your suffering as you multiply it by the number of days until you recover.

File your claim correctly and negotiate with insurers

File your case with the at-fault party’s insurer with your attorney’s assistance and guidance, considering including evidence that supports your demand for non-economic damages. Your attorney will help you clarify how the accident affects your life beyond physical injuries.

You can expect a lowball offer from the insurance company, but your lawyer will help you counter this tactic. In the process, your lawyer will help you to negotiate a desirable offer to compensate for your non-economic damages. If your lawyer and the insurer don’t compromise, the case will move to court.

Consider filing a lawsuit and be aware of legal limitations

If there was no agreement during the negotiations, this step is very crucial to help you get compensation for your damages. Ensure that you have an attorney in this process to file the lawsuit, gather evidence, and represent you in court.

Most likely, your settlement will be higher if the judge rules in your favor; however, some states limit the amount you can claim. Having an attorney on your side will ensure that you file your case within the statutes of limitations available in your state.

Maintain consistency and credibility throughout the process

Credibility is crucial for your case when recovering non-economic damages. Remember your testimony and report consistently because any discrepancy can weaken your case.

In addition to being consistent, adhere to medical advice and document all treatments to prove that you are actively addressing your injuries.

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