Non-Economic (or General) Damages

We hereby present different kinds of non-economic damages you may claim in California:

• Most people have heard of Pain and Suffering, even if they don’t realize its part as the general damages portion of a personal injury lawsuit. You know that physical injury causes pain and discomfort, though, and you should be compensated for any suffering caused by a negligent party. Sometimes your pain or suffering will last for years or even for your lifetime, and it is only fair that you receive something to make up for it. The most severe injuries get larger awards, and younger victims may get more if it is expected that they will suffer for many years.

• You deserve to be compensated for any temporary or permanent Disability you suffer as part of an accident. Whether physical, intellectual, psychological, or sensory, your activities will be limited from what you are used to. Even whiplash or other soft tissue injuries that resulted in some Difficulty to Move your body may cause you a lot of physical and mental damages.

• You may also present permanent Scarring and/or Disfigurement as part of your injuries. The level of disfigurement, and where it is, will determine how much you should be compensated. For instance, a very noticeable scar on your face is more devastating than the same scar on your leg.

• Other kinds of Physical Impairment, such as Losing the Use of an Organ or Losing a Limb, if applicable, are a critical part of your personal injury case because of the many effects the impairment could have on your lifestyle.

• Emotional Distress, Mental Suffering or Mental Anguish are different ways to talk about the mental or psychological effects on you because of the accident. You can only claim these kinds of damages if you also have physical injuries because otherwise, anyone who witnessed an accident could claim emotional distress. However, emotional injuries are real and can be debilitating. For example, sometimes people are so traumatized by a particularly bad auto accident that they can no longer drive, which makes them unable to fulfill their work and family responsibilities. You can present evidence of your feelings and the different ways your emotions are affecting your day-to-day life and also use testimony from professionals.

• Loss of Enjoyment of Life and Loss of Quality of Life are unfortunate effects of serious injuries. Victims may never be able to enjoy even the simplest pleasures from before the accident, like sitting comfortably and reading, or enjoying their lives in the way they liked before.

• Many people suffer Humiliation after a bad accident because they no longer feel strong and in charge of themselves.

• Injury to Reputation involves either false statements or private statements that are written or spoken to others, resulting in the loss of the victim’s reputation. Victims may lose direct income or business opportunities, and they may have to spend their own money restoring their reputations.

• Loss of Society and Loss of Companionship (or Loss of Support) is the loss suffered by the family who can no longer count on their loved one to provide the same care, comfort, support, and guidance as before the accident. Psychologists, psychiatrists, family, and friends can testify as to the effects of the loss on close family members, such as young children. This kind of loss is particularly relevant in a wrongful death suit.

• The Grief families experience because of the loss of a loved one is a non-economic damage, and it could be worse if a family member has watched a loved one die.

• Loss of Consortium is also called “loss of affection” or “loss of love” (also “loss of companionship“) and specifically refers to the relationship between two individuals who are married. Sometimes an accident victim’s spouse can no longer receive the same affection, love, moral support, or sexual relationship and ability to have children. In those cases, the individual can claim loss of consortium, and the Court will consider evidence regarding the relationship. For instance, if you are making the claim, you can show how close you were, how long you were married, how many more years you could expect to be together, and what your plans as a family were before the accident.

• The initial Shock or Stress could continue and turn into Anxiety, and the stress of being injured and not knowing if you will ever fully recover can cause Psychological Trauma. All these are non-economic damages you can claim in your personal injury case if you think you suffered such injuries. 

• Even Inconvenience is part of your damages. If not for someone else’s negligence, you would not be going through all this trouble.

• Insomnia creates its own problems, such as mood changes, fatigue, difficulty/inability to focus, and difficulty paying attention, and could be caused by the stress and pain from the accident.

• In addition, you can claim reimbursement for your fright, nervousness, worry, mortification, indignity, embarrassment, apprehension, terror or ordeal, and other injuries.