Non-Economic Damages in Injury or Wrongful Death Cases

In personal injury and wrongful death cases, damages are awarded to compensate the victim or their family for losses sustained due to an accident or wrongdoing. These damages fall into two categories: economic and non-economic. Economic damages are tangible, easily quantifiable losses like medical bills or lost wages. Non-economic damages, on the other hand, are more subjective and compensate for the emotional and psychological impact of an injury or loss. Understanding the nature and purpose of non-economic damages is crucial to grasping how courts attempt to provide a sense of justice and fairness in personal injury and wrongful death cases.

Definition of Non-Economic Damages

Non-economic damages refer to the compensation awarded for intangible losses that do not have a direct monetary value. These damages cover aspects of an individual’s life that are affected by the injury or death but cannot be measured through bills or receipts. Typical instances of non-economic damages encompass pain and suffering, emotional turmoil, loss of companionship, and diminished pleasure in life. These damages recognize that an individual’s well-being encompasses more than just financial considerations and that the emotional toll of an accident or wrongful death can be profound.

In injury cases, non-economic damages typically include compensation for physical pain and suffering endured by the victim. This could range from chronic pain resulting from an accident to the emotional trauma of a debilitating injury. Psychological suffering, such as anxiety, depression, and post-traumatic stress disorder (PTSD), also falls under non-economic damages. In wrongful death cases, these damages compensate the family for the emotional pain of losing a loved one, including the loss of companionship, guidance, or care that the deceased provided.

Factors Affecting Non-Economic Damages

Since non-economic damages are subjective and vary from case to case, determining their value is often complex. Courts and juries consider several factors when awarding non-economic damages, such as the severity of the injury, the victim’s age and health, and the overall impact on the victim’s quality of life. For example, an individual left permanently disabled may be entitled to more substantial non-economic damages due to the long-term impact on their physical and emotional well-being.

The relationship between the deceased and surviving family members is also a critical factor in wrongful death cases. Courts often look at the closeness of the relationship and the extent to which the deceased contributed to the family’s emotional support and care. A child who loses a parent or a spouse who loses a partner, for instance, may receive higher non-economic damages based on the depth of their emotional loss.

Caps on Non-Economic Damages

Lawmakers in some jurisdictions have placed caps or limits on the amount of non-economic damages that can be awarded in personal injury or wrongful death cases. These caps unfairly limit compensation for individuals who have suffered substantial emotional and psychological harm, particularly in cases of severe injury or death. Thankfully, Kentucky has no limits or caps for these types of damages. Indiana, on the other hand, has limits and caps on some types of non-economic damages.

Conclusion

Non-economic damages play a vital role in ensuring that victims of injury or wrongful death cases receive full and fair compensation for their losses. While these damages may be difficult to quantify, they recognize the profound emotional and psychological impact that injury or death can have on individuals and their families. Courts attempt to restore a sense of justice by awarding non-economic damages and providing victims with a measure of relief for the suffering they have and will endure.

Call Stein Whatley Astorino, PLLC, to schedule your free and confidential case evaluation. Our top Louisville wrongful death lawyers are available to answer your questions. 502.553.4750.

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