If you’ve been hurt because someone else was careless or did something wrong in Kansas City, Missouri, you may be able to get money to help you recover. This compensation isn’t just for bills and lost wages. You can also receive money for the less obvious effects of your injury, like pain and emotional distress.
These are called non-economic damages. Knowing what non-economic damages are and how they work can help you understand what you might receive through your personal injury claim.
This article explains the types of non-economic damages and how they are calculated in personal injury cases, such as car accidents or slip and falls, in Missouri.
What Are Non-Economic Damages?
Non-economic damages are payments for the intangible ways your injury has affected your life. Economic damages, in comparison, cover measurable costs like medical bills and lost income.
Non-economic damages compensate you for personal impacts that don’t have a set price tag. They aim to address the physical and emotional hardships you’ve experienced because of your injury.
Depending on how your injury has affected you, there are several kinds of non-economic damages you might receive:
Pain and Suffering
This covers the physical pain and discomfort you’ve felt because of your injury. It includes the immediate pain from the accident and any ongoing or future pain you might have.
Emotional Distress
Emotional distress compensates you for mental impacts like anxiety, depression, fear, trouble sleeping, and other emotional issues resulting from the accident.
Loss of Enjoyment of Life
If your injury keeps you from enjoying hobbies, sports, or other activities you used to love, you may receive money for this loss.
Loss of Consortium
Loss of consortium refers to how your injury has affected your relationship with your spouse or family members. It includes loss of companionship, affection, support, and intimacy.
Disfigurement and Disability
If your injury caused scarring, disfigurement, or permanent physical limitations, you may receive compensation for these lasting effects.
How Are Non-Economic Damages Calculated?
Figuring out non-economic damages is not as straightforward as adding up bills.
Since there are no exact numbers, these damages are often determined by considering:
- The severity of the injury: More serious injuries usually result in higher non-economic damages.
- Impact on daily life: How the injury affects your ability to work, take care of yourself, and enjoy life.
- Duration of effects: How long the pain, suffering, or emotional distress is expected to last.
- Age and health: Your age and overall health before the accident can play a role.
Sometimes, lawyers and insurance companies use a “multiplier” method, where they multiply your economic damages by a number (usually between 1.5 and 5) to estimate non-economic damages. There is also the “per diem” method, which is not used as often. This method entails setting a daily rate for your non-economic damages that is then added to your economic damages.
It’s best to consult with an attorney during this process so that you can recover as much compensation as you are entitled to.
Caps on Non-Economic Damages in Missouri
In Missouri, there are limits on non-economic damages for medical malpractice cases. The limit is set by law and is higher for catastrophic injuries than it is for others. The limit also rises annually.
For most other personal injury cases in Missouri, such as car accidents or slip and falls, there are no caps on non-economic damages. This means there’s typically no legal limit to the amount you can receive for pain and suffering and other non-economic losses in these instances.
Proving Non-Economic Damages
Because non-economic damages are subjective, proving them requires good evidence.
Here are some ways to support your claim:
- Medical records: Show the extent of your injuries and treatments.
- Personal statements: Your own account of how the injury has affected your life.
- Testimony from family and friends: Others can describe changes they’ve seen in you since the accident.
- Expert opinions: Doctors or mental health professionals can explain your physical and emotional condition.
- Daily journal: Keeping a diary of your pain and struggles can help show the ongoing impact.
An experienced personal injury lawyer can help you gather this evidence and present a strong case on your behalf.
Contact a Kansas City Personal Injury Lawyer for Help Recovering Non-Economic Damages
Dealing with a personal injury claim can be complicated. This is especially true when it involves non-economic damages, as they are more subjective. If you’ve been injured in an accident in Missouri, it’s a good idea to talk to a Kansas City personal injury attorney. A skilled lawyer can explain your rights, guide you through the process, and work to get you the compensation you need and deserve.
Contact a qualified personal injury lawyer in Kansas City at (816) 376-3058 today for a free consultation.