When you are hurt due to someone else’s carelessness—like a car accident or a slip and fall—you know that you can get money for hospital bills and lost work time. But accidents can also cause pain, stress, and changes in your daily life that do not show up on a bill. These are called non-economic damages. In Wisconsin, non-economic damages help pay for the hurt and trouble that go beyond just the bills.
Below, our personal injury lawyers explain what non-economic damages are, how they are figured out, and how fault plays a part in your case. By the end of this article, you will have a better idea if you can get this kind of relief and what to do next.
What Are Non-Economic Damages?
Non-economic damages are money awards meant to cover losses that cannot be easily measured. These are not bills you can add up but are meant to help with the personal side of an accident. In Wisconsin, non-economic damages may include:
- Pain and suffering: Money for the ongoing pain and physical discomfort you feel after the accident.
- Emotional distress: This covers feelings like anxiety, sadness, or fear that you might have because of your injury.
- Loss of enjoyment of life: If your accident stops you from doing hobbies or fun activities you used to enjoy, this loss can be recognized.
- Loss of companionship: If your injury makes it hard to spend time with family and friends, you might be able to get help for that loss.
- Disfigurement or scarring: If you have permanent marks or changes in your appearance, non-economic damages can help with the long-term impact on your life.
These damages are important because they help pay for the changes in your life that do not come with a clear price tag. They are there to show that an accident can hurt you in many ways, not just with money for your medical bills.
How Non-Economic Damages Are Calculated
Figuring out non-economic damages is not like adding up receipts. Since these losses do not have a set price, many things are considered when deciding how much money you should get. In Wisconsin, judges, juries, and insurance companies look at factors like:
- How bad your injury is: More serious injuries that cause a lot of pain usually get a higher award.
- How long you need to heal: If your pain or stress goes on for a long time, you might get more money.
- Impact on your daily life: Think about how your injury changes your everyday activities. If you can no longer do the things you love, that counts too.
- Your age and health before the accident: Younger and very active people may be hurt more by a change in their lifestyle, so that might increase the award.
- Proof of your suffering: Keeping a journal, getting notes from your doctor or therapist, or having friends and family explain the changes they see in you can help prove your case.
Sometimes, lawyers use a “multiplier” on the costs you have already paid or a “per day” rate for your suffering. These are only guides to help decide what is fair because every accident is different.
Evidence for Non-Economic Damages
Since you cannot show a receipt for pain or loss of fun, you need to have proof that your life has changed. Good evidence can make a big difference in your claim. Here are some examples of what can help your case:
- Medical records: These show your injury and the treatments you have received. They help prove that you have been hurt.
- Therapy or counseling notes: If you are seeing a counselor or therapist because you feel anxious or depressed, these notes show that your mind is hurting too.
- Personal journal or story: Writing about how your injury has changed your life or telling your story in court can be very useful.
- Statements from family and friends: People who care about you can tell how your life has changed after the accident.
- Photos or videos: Pictures that show scars or changes in how you move can help explain what you have been through.
All this evidence helps show that your life has changed in ways that money from a hospital bill cannot fix.
If you have been hurt in an accident in Wisconsin and think you deserve help for pain, suffering, or other non-economic losses, it is a good idea to talk to a lawyer. A Madison personal injury lawyer from Eisenberg Law Offices, S.C. can look at your case, help gather the needed proof, and work with the insurance companies so you get the compensation you need and deserve.
Contact us today at (608) 256-8356 for a free consultation!