What Are Noneconomic Damages and How Are They Measured?
In personal injury lawsuits, two main types of damages may be recovered — economic and noneconomic. Economic damages cover quantifiable losses such as medical expenses, lost wages and other out-of-pocket expenses. Noneconomic damages, on the other hand, compensate for intangible losses that do not have a specific dollar value. These include pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and loss of consortium.
Noneconomic damage awards are often many times greater than those for economic damages. Noneconomic damages address the injury’s personal and emotional impact, which can be far more devastating and long-lasting. Such damages are inherently difficult to quantify. Their assessment is left in the hands of jurors, who are asked to use their own discretion and experience. This subjective approach can lead to much higher compensatory awards.
Many states in the U.S. have implemented caps on noneconomic damages as a way to control insurance costs and prevent exorbitant payouts. However, New York does not impose such limits, allowing for full compensation based on the jury’s assessment of the pain and suffering endured by the plaintiff.
An experienced personal injury attorney can build a strong case for noneconomic damages. They are substantiated primarily through testimonial evidence, which includes the plaintiff’s own account of their pain and suffering, descriptions of daily life pre- and post-accident, and testimonies from family, friends, and mental health professionals. Medical experts might also testify about the expected longevity and severity of the plaintiff’s pain based on similar cases. This type of evidence can be compelling and difficult to rebut because it is deeply personal and not easily quantified.
Defense tactics in these cases often focus on undermining the plaintiff’s claims of noneconomic damages. One common strategy is to suggest that the plaintiff is exaggerating their symptoms for financial gain. This can be attempted through surveillance footage showing the plaintiff engaging in activities that seem beyond their claimed physical limitations. Defense attorneys might also bring in their own medical experts to testify that the severity and duration of the plaintiff’s pain are less than claimed. Another tactic is to delve into the plaintiff’s medical history to find previous injuries or conditions that could be responsible for their current symptoms, thereby challenging the causation between the accident and the alleged damages.
At Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in St. James, New York, we help injured accident victims in Suffolk County and across Long Island get the compensation they need and deserve. To discuss your case and learn how we can help you, contact us online or call us at 631-360-0400.