After a car accident occurs, victims will typically seek damages from the at-fault party for medical expenses, vehicle damage, and other financial costs related to the collision.
But there’s another type of damages that you may also be able to claim if you were the victim of a motor vehicle accident caused by someone else: non-economic damages.
Non-economic damages in Maine car accident cases typically include physical pain and suffering, emotional pain and suffering, loss of consortium, and more. Even though these losses are non-financial, they are still losses and can therefore be compensated financially.
If you have endured physical and emotional pain and suffering due to an auto accident, get in touch with one of our injury attorneys at Mann Law for a free consultation today.
Suppose you experienced significant physical pain, emotional distress, or any other type of mental and emotional suffering due to being involved in an accident.
In that case, you could be entitled to claim compensation for non-economic losses in addition to financial expenses like medical costs, lost wages, and vehicle damage.
“Pain and suffering” is a legal phrase used to describe the physical and emotional pain that many individuals endure as a result of being involved in a motor vehicle accident.
Physical pain and suffering may stem from a large variety of injuries, often resulting in chronic pain that lasts weeks, months, or even years. Some common injuries that can lead to physical pain and suffering include:
Some injuries also have delayed symptoms, such as whiplash, which can cause chronic pain for years after an accident has occurred.
Non-economic losses aren’t just physical. Many auto accident victims also endure mental and emotional pain and suffering after a collision. Common types of mental and emotional suffering include:
Car crash victims may experience emotional/mental suffering for a very long time after the accident. It can affect virtually every area of a person’s life, from their relationships, to their careers, and much more.
When a car accident results in a person’s death, the deceased’s family can often bring a wrongful death claim against the party who caused the collision and hold them accountable for their negligence.
Another type of non-economic loss that qualifies for compensation after a car crash is loss of consortium. This is a specific type of suffering that applies to the victim’s loved ones. It encompasses a family’s loss of:
When a family loses a loved one to a preventable accident, they may receive special compensation for the pain and suffering brought on by wrongful death.
Insurers and local courts consider various factors when determining what type of non-economic damages may be awarded to an individual who has endured pain and suffering in an auto collision. Some of the factors that they will consider include:
Quantifying pain and suffering can be more complicated than calculating medical expenses. An experienced Maine attorney will have the knowledge and experience to help you calculate the non-economic damages you are owed so that you can fight for the amount you deserve.
If you wish to claim compensation for the pain and suffering you endured as a result of an accident, you will need to demonstrate to the insurer or the court how the accident has affected you physically, mentally, and emotionally.
Even though quantifying pain and suffering can be challenging, you deserve to be compensated not just for your financial losses but for your non-financial ones too. You can demonstrate non-economic losses by doing the following:
Documentation, statements, and testimony from your loved ones, medical personnel who have treated you, and mental health professionals who have evaluated you can all work together to garner sympathy and understanding from the court for all of the pain and suffering you’ve been through, thereby increasing your odds of being compensated for your non-economic losses after a motor vehicle collision.
Non-economic damages compensate for harms that do not have a direct financial cost. They include physical pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium or companionship, disfigurement, and mental anguish. Maine law allows injured people to recover these damages when they result from another party’s negligence.
Maine does not impose a general statutory cap on non-economic damages in most personal injury cases, unlike some states. This means the amount recoverable for pain and suffering, emotional distress, and similar losses depends on the evidence presented and the judgment of a judge or jury.
Common approaches include the multiplier method, where economic damages are multiplied by a factor reflecting the severity of the injury, and the per diem method, where a daily value is assigned to the victim’s pain and multiplied by the duration of recovery. Courts and juries weigh medical evidence, personal testimony, and expert opinion in making these determinations.
Strong evidence for non-economic damages includes detailed medical records documenting pain levels and functional limitations, a personal journal recording daily symptoms and impacts, testimony from family members about changes in the victim’s behavior and quality of life, and expert testimony from treating physicians or psychologists.
If you were injured in an auto accident where you also endured pain and suffering, you could be entitled to claim compensation for non-financial damages related to the crash.
At Mann Law, our lawyers have nearly two decades of experience helping injured individuals recover their non-economic damages in Maine car accident cases. Get in touch with our firm to learn more.
