What Are Economic and Noneconomic Damages in Personal Injury?
In California, you may have the right to pursue a claim if you suffer an injury due to someone else’s negligence. This claim could help you receive compensation for your damages.
California law provides injured individuals with the right to pursue a monetary settlement for both economic and noneconomic damages.
Economic damages are intended to compensate a person for their out-of-pocket losses, such as medical bills, lost wages / earning capacity, and property damage. Noneconomic damages may include compensation for pain and suffering, emotional distress, or other harms that do not have a tangible monetary value. It is important to note that the amount of compensation for each type of damage is determined on a case-by-case basis and may vary greatly.
This article will further explain the difference between these two types of damages, and what types of compensation each includes.
Economic Damages in California Personal Injury Claims
Economic damages are those losses that can be itemized and can be accounted for dollar for dollar. Economic damages may be awarded to remedy the following expenses:
- Past and future medical expenses
- Past and future lost income
- Lost or reduced capacity to earn income (e.g., you have to change the type of work you do, and you lose income as a result)
- Damage to personal property
- Household out-of-pocket expenses
- Funeral services
- Rental vehicle costs
Noneconomic Damages in California Personal Injury Claims
Noneconomic damages are often popularly referred to as “pain and suffering,” but actually encompass quite a bit more. Noneconomic damages are the intangibles, these are damages that are not necessarily itemized on a spreadsheet, but are indeed very real and personal harms. California law allows an injured person to recover a host of noneconomic damages, including some of the following:
- Pain and suffering
- Emotional distress, mental anguish, anxiety, shame, and fear
- Permanent disfigurement
- Loss of companionship, support, and counsel
- Loss of enjoyment of life
Open a Claim with Experienced California Personal Injury Lawyer Shaun Phillips
Noneconomic damages may not have tangible documentation, such as bills and receipts, that can be used to calculate them, but they can still be calculated and proven in court. This requires skill and knowledge of the legal system which is why it is important to have an experienced personal injury lawyer on your side.
Shaun Phillips is an experienced personal injury lawyer, and will be able to help you determine the value of your case, as well as prove the value of your case. He can provide the expertise needed to navigate the legal system and make sure that your noneconomic damages are properly calculated and presented in court.
Shaun Phillips of Benchmark Injury Law is a personal injury attorney who can help you recover both economic and noneconomic damages. Shaun helps those injured and their families by:
- Conducting an independent investigation into the accident
- Gathering evidence of liability
- Handling communication between all involved parties
- Negotiating with insurance companies
- Representing you in court, if needed
- Managing paperwork and bills
- Answering any legal questions you may have
Insurance companies are notorious for not having the best interests of injured victims in mind, and rarely offering them a fair settlement for their damages. It is important to remember not to be pressured into speaking with insurance company representatives, giving out information that you don’t feel comfortable providing, or accepting any settlement offers without consulting with a lawyer first.
Doing these things could put you at a disadvantage, and potentially result in you receiving a much lower settlement than you deserve. It is always best to consult with a lawyer before taking any action with an insurance company. Shaun Phillips has years of practice negotiating with insurance companies, and will fight for the compensation you deserve.
Contact Benchmark Injury Law Today
At Benchmark Injury Law, our team prioritizes our relationships with our clients. We understand that opening a claim to recover damages after an accident can feel huge, and even daunting. Our team can guide you, and advocate for you, through every step of the legal process.
The financial and emotional impacts of an injury can be devastating, especially for someone who has suffered all of these harms through no fault of their own. When you partner with Benchmark Injury Law, our team will prioritize you, seek to understand your unique needs, and fight for fair and just compensation.
To schedule a complimentary consultation, call our office at (949) 504-9031 or reach out to us by submitting a completed contact form. Our team is here to assist you every step of the way.