If you were injured in an accident in Charlotte, NC, you may be facing more than just medical bills and missed paychecks. In addition to these damages, you may be entitled to non-economic damages, such as pain and suffering, emotional distress, and loss of consortium.
Our Charlotte personal injury attorneys have experience helping clients recover non-economic damages. Below, you can learn more about non-economic damages and the role they play in your personal injury case.
What Are Non-Economic Damages?
When you get hurt, some losses don’t come with a receipt. While it’s easy to add up medical bills and lost wages, it’s harder to put a price on your pain and suffering. Non-economic damages help make up for these losses because serious injuries affect more than just your wallet.
Getting hurt can leave you with emotional scars long after the physical ones heal. Many people who get injured end up dealing with depression, anxiety, and post-traumatic stress disorder (PTSD). These feelings can be just as hard to deal with as physical pain.
Common types of non-economic damages include:
- Ongoing physical pain and discomfort from injuries
- Emotional distress
- Loss of consortium
- Visible scarring or disfigurement
- Reduced quality of life
These emotional effects can impact your life just as much as physical pain.
How To Document Non-Economic Damages
Strong documentation can help you prove the full extent of your losses. The more evidence you collect, the stronger your case will be. Here are some ways you can document your non-economic damages:
- Keep a daily journal describing your pain levels and challenges.
- Take photos and videos of your injuries as they heal.
- Get written statements from your family about how your life has changed.
- Attend counseling if you’re struggling emotionally.
- Keep records of all medical and therapy appointments.
Regular documentation creates a clear picture of how your injury affects your life. This evidence helps insurance companies and juries understand your experiences.
How Courts Value Non-Economic Damages
Courts look at many factors when deciding compensation amounts. Each case requires a careful review of personal circumstances and evidence, which can involve consideration of the severity of your injuries, your age and expected recovery time, pre-existing health conditions, changes to your daily routine and lifestyle, and other factors.
North Carolina allows courts to award fair compensation based on your specific situation. Unlike some states, North Carolina generally does not limit non-economic damages in personal injury cases, though some exceptions may apply, such as in medical malpractice claims.
Proving Non-Economic Damages In North Carolina
North Carolina courts recognize your right to seek compensation for non-economic damages after an injury. While these losses require careful documentation, several proven methods help calculate their value.
Insurance companies and courts often use two main approaches to determine compensation amounts.
- The multiplier method takes your total medical bills and lost wages, then multiplies them by 1.5 to 5, depending on how severely the injury affects your life. For example, a permanent disability might warrant a higher multiplier than a temporary injury.
- The per diem method sets a daily rate for pain and suffering and multiplies it by the length of time you’ll experience them.
Strong evidence from expert witnesses can strengthen your claim.
- Doctors can explain how your injuries will affect you in the future.
- Mental health professionals can document any emotional trauma or psychological treatment you need.
- Life care planners can explain how the injury changes your daily routine and future needs.
Personal accounts also play a key role. Many attorneys now use video evidence showing how injuries affect their clients’ daily lives. These “day-in-the-life” videos help jury members understand your challenges better than written reports alone can convey.
Time Limits For Filing Non-Economic Damage Claims
North Carolina sets strict deadlines for personal injury claims. You must file your claim within three years of your injury date. Missing this deadline typically means losing your right to seek compensation for both economic and non-economic damages.
Several factors can affect these time limits:
- Claims against government entities often have shorter deadlines.
- Cases involving minors may have extended deadlines.
- The discovery rule may apply if injuries weren’t immediately apparent.
- Wrongful death claims have a two-year statute of limitations.
Waiting to file can make it harder to prove non-economic damages as memories fade and documentation becomes more difficult to obtain.
A skilled personal injury lawyer can help you recover both economic damages and non-economic damages, ensuring that you receive the full compensation you’re entitled to. Call Chandler Volta Personal Injury Lawyers at (704) 980-9999 or contact us online for a free consultation.
