The Difference Between Economic and Non-Economic Damages in California
If you are filing an injury lawsuit in California, you might be curious about the difference between economic and non-economic damages. These might seem like complex legal phrases, but the core underlying concepts are actually quite simple. Once you understand these two categories of damages, it might be easier to pursue fair compensation.
You can discuss damages and many other subjects during a consultation at a personal injury law firm in California. This initial meeting gives you an opportunity to talk with injury attorneys about your accident, your injuries, and your pathway toward justice. Milligan, Beswick, Levine & Knox, LLP is home to numerous California injury lawyers – including Attorney C. Patrick Milligan. He graduated from Stanford Law School in 1961, and he has devoted many years of his career to helping injured victims like you.
What are Economic Damages?
After an accident, a typical victim experiences various economic damages. In simple terms, a “damage” is a loss you were forced to suffer due to your accident. An economic damage is a financial loss of some kind.
The three main economic damages include the cost of medical treatment, the amount of income you miss due to your injuries, and funeral expenses. The latter damage is reserved for families filing “wrongful death lawsuits” on behalf of their relatives after fatal crashes.
A successful personal injury lawsuit may provide 100% compensation for all medical costs. This includes the cost of emergency transport and treatment immediately after the crash. If you require transport from an air ambulance, your lawsuit could cover it. You can also pursue compensation for subsequent doctor visits, specialist appointments, rehabilitation, medication, and any other medical cost directly related to your accident.
You should also receive compensation for all wages you missed as a result of your accident. For example, you might have suffered whiplash after being rear-ended by a negligent driver. As a result of your injury, you might have been forced to miss two weeks of work. In this situation, your lawsuit should provide compensation for your missed income (usually equivalent to one paycheck).
Of course, lost income can be much more extensive for those who suffer permanent, severe injuries. Suppose you became paralyzed after being struck by a semi-truck. In this situation, you would need to recover enough compensation to pay your living costs for the rest of your life. Your injury would almost certainly prevent you from earning another dollar for the rest of your life.
What Are Non-Economic Damages?
While economic damages represent financial losses, non-economic damages represent psychological losses. The experience of a car accident can be highly traumatic. Even after this experience, you may experience more trauma as you receive painful and distressing treatment at a hospital. This may prove to be a “near-death experience” that you never truly forget. These are only a few examples of non-economic damages.
While non-economic damages are not financial in nature, they can nevertheless lead to compensation for victims. California courts believe that victims should receive compensation for these psychological and emotional burdens, and your injury attorney can help you pursue them.
Specific examples of non-economic damages include humiliation, emotional distress, pain and suffering, depression, anxiety, PTSD, loss of enjoyment of life, disfigurement, and loss of consortium. Each of these damages represents a specific type of psychological or emotional issue.
Some are self-explanatory, such as PTSD, humiliation, and depression. Others may be less clear because of their “legalese” phrasing. Disfigurement is another common source of confusion because it represents the psychological challenges of a physical injury. This allows victims to pursue compensation above and beyond the cost of treating burns, lacerations, scarring, and amputations. Aside from the medical cost, a disfigurement can lead to self-esteem issues, relationship problems, and even suicidal behavior.
“Loss of enjoyment of life” is another non-economic damage that requires further explanation. This represents the loss of a beloved activity, hobby, or sport due to the severity of an injury. For example, you may have enjoyed hiking with your dog before slipping and falling on a spill in a grocery store.
Due to a fractured pelvis, this pastime may no longer be possible. You may be confined to a wheelchair for the rest of your life, making rocky trails completely untenable. In this situation, you could pursue compensation for the loss of enjoyment of life – because the experience of hiking with your dog is now lost forever.
How Do I Prove Economic Damages?
The most straightforward way to prove your economic damages is to seek medical attention immediately after your accident. Any delay in this regard could be problematic for your case. If you wait too long before seeing a doctor, questions may be raised about the legitimacy of your injuries. Even if you are not sure whether you are actually injured, you should still see a doctor after a major accident. Some injuries may be virtually unnoticeable, including brain bleeds (which can prove fatal over time).
Medical treatment is important because it updates your medical records. When your medical records contain details about your injuries, you can use this as evidence when pursuing compensation. You can also use it to show that it was necessary to miss work. In addition, you should save any receipts for payments you were forced to make while receiving treatment. Even the cost of parking at a medical facility may be covered if you file a personal injury lawsuit.
How Do I Prove Non-Economic Damages?
Proving non-economic damages is slightly more complex, and you should speak about your specific circumstances with an injury attorney.
Can a California Personal Injury Law Firm Help Me?
While understanding the difference between economic and non-economic damages may be helpful, your California personal injury attorneys can handle complex legal steps on your behalf. As an injured victim, it makes more sense to focus on your recovery than trying to educate yourself about the law. That being said, the experienced personal injury lawyers at Milligan, Beswick, Levine & Knox, LLP will be happy to help you understand the process of a personal injury claim. To learn more, contact us at 909-894-0812 and schedule a consultation today.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.