How to Figure Out the Money for Non-economic Damages in Car Accidents

I previously told you the four categories of non-economic damages are the following:  (1) pain and suffering; (2) embarrassment and humiliation; (3) loss of ability to enjoy the pleasures of life; and (4) disfigurement. If the car accident caused you to suffer one or more of those losses, then this is the four step process to figure out how much money you should be paid for each loss:

1. Determine your life Expectancy;
2. Determine the number of times you are expected to experience the non-economic loss;
3. Determine the amount you should be paid for the noneconomic loss; and
4. Multiply the amount of money for each time you experience the noneconomic loss, by the number of times you are expected to experience it, and that’s the money damages for that specific noneconomic loss.

So here’s an example.  Suppose a 50 year old man suffered a back injury that will never completely heal and he is expected to experience daily back pain for the rest of his life.  Here’s how to determine how much he should be paid for future pack pain:

1. Government statistics say man is expected to live another 30yrs;

2. Man will experience future daily back pain 10,950 times (365 days per yr x 30yrs = 10,950).

3. Jury says man should get $5.00 for each day he experiences back pain.

4. Here’s the calculation to determine how much money the man should get for future back pain:

10,950 times man will experience future back pain x $5.00 for each day of pain = $54,750 for future pack pain.

You would do the same calculation for each non-economic damage. Add it up, and that’s the total amount of money you should be paid for non-economic damages.  Notice I said in step three “jury says man should get $5.00 for each day he experiences back pain.”  I said that because court rules say only the jury can decide money that should be paid for non-economic damages.  In fact, neither I nor the insurance company lawyer can tell the jury what that amount should be.

Now, the simple four step process I just showed you is not a court rule that says how to calculate non-economic damages.  In fact, there isn’t a court rule that explains how to do it.  That’s right, jurors, who have never done it before, are just told to determine the amount for non-economic damages, but are not given any type of guidance on how to do it.  The insurance company lawyer loves that there isn’t a rule and will not offer any guidance on how to do it because without a method, the jury will most likely become confused, frustrated, and walk away from doing the job.

In fact, that’s what most juries do when no one gives them a system to figure out non-economic damages.  And it’s not just the insurance company lawyer.  Watch out for the lawyer you decide to hire.  Many lawyers who represent people injured in car accidents don’t specifically guide the jury on how to do it.  So when you’re ready to hire a lawyer, ask that lawyer his or her method for calculating non-economic damages, and if that lawyer cannot clearly explain it, then get another lawyer who can.  Because if your lawyer can’t explain it to you, then how will that lawyer convince the jury to do it.

Want Peace of Mind and a Complete Evaluation of Your Case?

Call (610) 365-4565 NOW or Click HERE to Schedule a Consultation with Chester County Pennsylvania Car Accident Attorney, Michaelangelo L. Dippolito.  Click HERE to see the attorney’s background.

Not Ready to Speak to an Attorney Yet?  No Problem.

Get this FREE Book and Consumer Protection Guide. Anyone who has tried to get an insurance company to pay them money for damages for their car, out-of-pocket medical expenses, lost wages, or for physical injuries, has no idea what they’re up against.  That’s why I wrote the Book, and Consumer Protection Guide, Injured in a Car Accident? What You Need to Know to Protect Your Legal Rights in Pennsylvania.  In that book, I tell you what you need to know to protect your legal rights and avoid the insurance industry’s “Sucker Punch Approach,” which the insurance industry uses routinely on unsuspecting honest people to avoid paying the full value for legitimate car accident claims to maximize their profits.  Here’s some of what’s in the FREE Book and Consumer Protection Guide:

• Six Reasons the Insurance Industry Doesn’t Want You to Read this Book
• You Are at War With the Other Person’s Insurance Company–Not the Person who Caused the Car Accident
• The Insurance Industry’s Sucker Punch Approach
• How the Insurance Company will Try to Use the Sucker Punch Approach on You
• Don’t Let Your Family Doctor Intentionally Ruin Your Claim

Still Not Ready and Want to Learn More Before You Move Forward?  No problem.

Click HERE for more case examples of how the insurance industry tried to use the sucker punch approach on our clients and how we made sure that didn’t happen.

Click HERE for more information on car accidents in Pennsylvania.  And remember, we are just a phone call away at (610) 365-4565.