When someone injures you in an accident, you generally have a right to recover compensation for your damages. Our attorneys can help you understand what economic and non-economic damages you can pursue in a legal claim and what separates the two.
Non-economic damages are quite different from economic losses, with the major distinction being that non-economic damages compensate you for the harm you suffered that is not monetary. These damages attempt to put a financial value on what you experience after an accident. For instance, the pain you endure in the accident and during recovery is a prime example of non-economic damages. Emotional changes like depression and PTSD would also fall under this category. Our team can help assess your non-economic harms as we calculate your economic losses. We will also identify potential limitations in your case to recovering non-economic damages and how to get around them.
For a free, confidential case review with our personal injury lawyers in New Jersey, call Agrapidis & Maroules, P.C. today at (201) 777-1111.
What are the Differences Between Non-Economic and Economic Damages in New Jersey?
“Damages” is the term the law uses to define the losses personal injury victims suffer when a negligent party injures them. Damages can be separated into two distinct categories: “compensatory damages” and “non-compensatory damages,” which are mostly punitive to punish the defendant. Compensatory damages can be split into economic and non-economic damages. While these are the most commonly used terms, N.J.S.A. § 2A:15-5.10 refers to economic damages as “special” and non-economic damages as “general.” The defining difference between economic and non-economic damages is that economic damages account for your monetary harm, while non-economic damages pay you for all the other damages not based on money.
Economic Damages
Economic damages in a personal injury claim can be derived by adding up bills, invoices, and property damage estimates, producing a certain total. For example, your economic damages typically include medical expenses like hospital stays, medications, prosthetics, and physical therapy. Lost wages and the loss of future earning potential are also economic damages. Property damage estimates would also be included in your economic losses.
Non-Economic Damages
Conversely, non-economic damages are typically gauged on the physical and emotional impact on a victim’s overall experience during and after an accident. Our NJ personal injury attorneys can assess your losses so you do not lose out on the compensation you should have received. Insurance companies tend to fight hardest against claims for non-economic damages because they can be challenging to reduce to a simple number based on receipts.
However, our lawyers have a few ways of calculating your non-economic harm. If we use the multiplier method, we will assign a number between 1.5 and 5 based on the severity of your injuries and multiply that with your economic damages. With a per diem approach, we will determine a daily value for your non-economic losses and multiply it by the number of days you are likely to suffer them.
What Are Examples of Non-Economic Damages in New Jersey?
While many people hear non-economic damages referred to as “pain and suffering,” this represents just one facet of your non-financial losses. Emotional distress and the psychological effects it causes are another common example of non-economic harm. The ways your quality of life has diminished will also illustrate the non-monetary damages you have suffered.
Physical Pain
Pain and suffering include the physical pain and discomfort you experience immediately following an accident, as well as the ongoing pain from your treatment and living with your injuries. This often includes chronic pain, limited mobility, and ongoing physical rehabilitation. Medical records and reports from your doctors and other experts can help document your physical pain.
Emotional Distress
In addition to physical pain, non-economic damages also account for your “emotional distress.” This type of suffering can manifest in various forms, including but not limited to anxiety, depression, and post-traumatic stress disorder (PTSD). Emotional distress can also include feelings of humiliation and embarrassment, especially when victims are left with visible scarring or adjusting to the use of prosthetics. The psychological impact of an accident can be long-lasting, sometimes disrupting a person’s ability to work and maintain relationships. We recommend keeping a journal to document these feelings. Our team can also gather therapist’s records if you are getting mental health counseling for the incident.
Lower Quality of Life
Moreover, non-economic losses include the loss of life’s enjoyment, which recognizes how injuries hinder one’s ability to partake in hobbies, recreational activities, and a social life one once enjoyed. This can profoundly affect your overall happiness and sense of self. In your legal claim, you can testify how your life’s joy has diminished since the accident. Your friends and family can also provide statements to describe the changes they have noticed in you since the accident.
Does New Jersey Limit Non-Economic Damages in Any Way?
Unfortunately, not every personal injury victim has the right to recover non-economic damages.
For instance, those injured in a car accident only have the right to pursue non-economic damages in two circumstances. First, you can file a lawsuit for non-economic damages if you have a “no limit” insurance policy, for which you typically pay a higher premium. Alternatively, those with a basic policy can only recover non-economic damages after a car accident if they sustained serious injuries in the crash.
Individuals injured on the job also do not have an automatic right to claim non-economic damages. Workers’ Compensation is the designated program to provide benefits to injured workers, but it is typically limited to medical expenses and lost income. However, Workers’ Compensation only allows victims to file a lawsuit against an employer or coworker if they deliberately caused the accident. You can file a lawsuit against a third party you do not work for to recover any damages, including non-economic damages. For example, suppose a delivery driver for another company or a negligent manufacturer’s product injured you. In that case, we can help claim both economic and non-economic losses in a case against them.
Contact Our Personal Injury Attorneys in New Jersey Today to Get the Economic and Non-Economic Compensation You Deserve
Call Agrapidis & Maroules, P.C. today at (201) 777-1111 to discuss your claim with Jersey City, NJ personal injury attorneys free of charge.