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Understanding Non-Economic Damages in California Personal Injury Claims

Sustaining an injury in California that could have been prevented can upset anyone's life. Due to the fault of another person or entity, the injured party may not be able to work for some time and may accrue medical and other expenses. The injured party deserves to be paid back those expenses, which are known as economic damages.

There's also what's known as non-economic damages. These refer to the physical pain and mental or emotional suffering the injured party endures because of the injury. These non-economic damages should be compensated as well, but doing so is a little more complicated because the value of the suffering is not as easily identifiable. At Kohn Law Office, our personal injury lawyer in Oceanside can help make sure you get the compensation you deserve. Contact us at (760) 721-8182 to schedule a free consultation today.

Types of Non-Economic Damages in California

In a personal injury or other type of injury case in Oceanside, there are different categories of damages that an injured person could be entitled to recover based on the facts and circumstances of the case. One of the most common categories of damages sought by injured parties is non-economic damages.

Non-economic damages typically refer to non-monetary damages that are subjective in nature. For example, some of the common types of non-economic damages include:

  • Pain and suffering
  • Emotional distress
  • Inconvenience to one's life
  • Loss of enjoyment of one's life
  • Disfigurement
  • Loss of companionship
  • Loss of consortium

It is important to understand that non-economic damages measure the significance of an injury or harm on an individual's life. Additionally, some types of non-economic damages, such as loss of consortium, could be recoverable by an injured person's spouse.

How are California Non-Economic Damages Calculated?

Non-economic damages can be difficult to calculate because they include subjective measures of the impact of an injury on an individual's life. These measures often do not include concrete figures that can be presented to a judge or jury through bills or other documentation. Rather, they typically require an injured person to describe the harm from their perspective, including the effects of the harm on their physical, mental, and emotional state, and any effects the harm had on their personal and work life.

A judge or jury must understand the extent of an injury to a person's life to provide adequate compensation, so it is crucial to describe one's life prior to the accident and any changes following the accident. Often, providing percentages can be a helpful way of showing what can and cannot be done in one's life following an injury.

Why are Non-economic Damages Important in Oceanside?

Oftentimes, economic damages, such as medical bills, lost wages, and property damages, fail to adequately compensate individuals for the significant impact of injuries on their lives. For that reason, non-economic damages generally seek to compensate injured individuals for the loss of quality of life and the loss of the enjoyment of doing what they love to do.

When a serious injury prevents a person from enjoying their life, they are suffering non-economic injuries from the accident or incident, which cannot be accurately measured by bills or documentation. The importance of non-economic damages generally lies in the additional compensation available for not only the physical pain and suffering of an individual but also for the mental toll and loss that the experience could have on the individual's quality of life.

Why You Need a Personal Injury Lawyer in Oceanside

Unfortunately, non-economic damages are much more difficult to calculate and present to a judge or jury. For that reason, a personal injury lawyer could make the difference in securing the compensation an injured person deserves for non-economic damages. That's where Kohn Law Office comes in.

Russell Kohn understands the information a judge or jury needs to hear to make non-economic damages easier to calculate. This commonly includes properly and efficiently conveying the injured person's story relating to the pain and suffering endured throughout the process. Severe injuries often affect many aspects of a person's life, so a legal professional could help determine an amount of compensation that is fair under the circumstances.

Contact a Personal Injury Lawyer in Oceanside Today

Calculating non-economic damages can be difficult. At Kohn Law Office, Mr. Kohn has the experience and expertise to assess your case and fight for the compensation you deserve. Call us at (760) 721-8182 or fill out our online form to schedule a free consultation.

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