During a personal injury case, whether it’s a vehicular accident or slip and fall, there are two categories of damages available. Damages are the legalese term for any losses that the other party, which is found to be at fault, must compensate you for. There are economic damages and non-economic damages. These two categories are sometimes referred to as special damages and general damages, respectively. Determining which of the two applies to your case is vital when moving forward.
Economic damages, sometimes referred to as special damages, are easily calculable losses that may stem from an accident. These losses include your medical bills, lost income, property damage, and any expenses you’ve paid due to your incident.
In a personal injury case, compensation awarded to the injured party is based on economic damages, for the most part. A settlement is often reached out of court, though. If that’s the case, the insurance company will simply offer a flat sum. They may not take into account non-economic damages, for example. The amount, however, should cover everything regardless.
Non-economic damages, or general damages, include instances of pain and suffering, including discomfort or physical pain, emotional distress, anxiety, and stress. General damages are more difficult to prove. Where possible, the court will grant compensation from the at-fault party. You must be able to prove emotional distress or stress, though.
Putting a dollar amount on non-economic damages is difficult. Insurance companies will occasionally take steps to calculate pain and suffering. The most common method is the multiplier method and daily rate, or “per diem” method. These methods factor in the days since your injury and the time you’ve spent in pain.
If you’ve been injured in a car accident, contact The Durham Firm by calling (972) 362-0046. We’re happy to examine your case!