Non-Economic Damages
California personal injury claims, including those that stem from automobile accidents, give rise to economic damages as well as non-economic damages. The most common type of non-economic damage category is known as pain and suffering. Proving economic damages is essentially done by creating an accounting of tangible losses. Economic damages include medical expenses and lost income, and those losses are fairly easy to document by obtaining bills from hospitals and clinics and ordering the injured party’s employment file. Future economic damages can be documented by gathering physician reports that document the need for future medical care and having a vocational analysis done that projects any future loss of earning capacity.
It is a bit more difficult to prove non-economic damages since they are comprised of losses that are intangible, such as pain, suffering, and emotional distress. There are several ways in which non-economic damages can be proven, however, and the following types of documents are helpful.
Medical Records, Chart Notes, and Reports
A thorough medical chart can paint a convincing picture of the patient’s pain and suffering. Having opioids prescribed is one indicator of severe physical pain. Physicians usually only prescribe such strong pain relievers when there are indications that they are necessary.
It is important to communicate your symptoms to your doctors and keep any documentation you receive from medical facilities, including after-visit summaries, and pharmacy records. Provide those documents to your attorney.
Keep a Diary of Your Pain and Suffering
Because memories fade, it is helpful for personal injury clients to regularly journal their symptoms. Begin taking notes as soon after the subject incident as possible. In addition to documenting your pain, make some notes about how your symptoms are affecting your life. Describe how they are limiting your ability to do your usual activities, or adversely affecting your close relationships, for example. These notes will help create a timeline of how your injuries caused disruption in your everyday activities and resulted in a lack of enjoyment of your normal life.
Testimony From Loved Ones, Friends, and Peers
Testimony from people who knew you well before the accident and who can testify about all the ways in which things changed for you following the accident can be very useful in proving non-economic damages. Pain can cause changes in cognition, mood, and behavior, which are sometimes better described by others rather than yourself. If you were able to return to work following the accident, your co-workers may be good people to ask for a statement, since they see you every day and yet are not family. Neighbors with whom you have regular contact also make good witnesses.
Psychological Records
The recovery process from severe injuries often leads to depression and anxiety. Violent accidents can result in a post-traumatic stress situation. In order to document these emotional and psychological issues, you may need to see a therapist. The notes from the therapy sessions will be very valuable in proving non-economic damages. Just because it cannot be visualized or even viewed on diagnostic imaging does not make your emotional pain and suffering less recoverable.
Watch the YouTube Video from the University of Oxford on human pain and suffering.
Sacramento Injury Lawyer
Hello. Thank you for reading. I am Ed Smith, an injury lawyer in Sacramento. Every day on our local roads and highways, there are many accidents. Some of them cause injuries. Being injured in a car crash through no fault of your own is a scary and frustrating situation. Dealing with insurance companies after such a negative life event can add insult to your injuries. The injury lawyers at my firm are ready to dispense free and friendly legal advice, just call us at (916) 921-6400, or from outside of the local area code using our toll-free number: (800) 404-5400. If you prefer, you may also fill out our online form.
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