When you’re involved in a personal injury case, the money you can recover – known as damages – usually falls into two primary categories: economic and non-economic. Understanding the categories of damages and what you need to prove your losses can help you get what you’re entitled to after a workers’ compensation accident.
What Are Economic Damages?
Economic damages are the direct financial losses you suffer after a personal injury in Washington, D.C.. Below are some of the most common examples:
- Medical Bills and Hospital Expenses: These include the costs for any medical expenses related to the accident, such as emergency room visits, surgeries, medications, and follow-up appointments.
- Lost Wages and Future Loss of Income: If you miss work or can’t earn the same level of pay later on because of the effects of the injury, these lost earnings may be covered.
- Property Damage or Repair Costs: This covers expenses to fix or replace items damaged in the accident, like your car or other personal property, like a phone or laptop.
- Cost of Rehabilitation or Therapy: Ongoing treatment, physical therapy, or counseling fees can also be included in your claim.
How Economic Damages Are Calculated
Your receipts, bills, and financial records help determine the total amount you’re owed. By gathering all documents related to your medical treatments, lost wages, and property repairs, you can show the exact value of your monetary losses.
What Are Non-Economic Damages?
Non-economic damages cover the emotional and mental impact that an accident can have on your life. Unlike economic damages, they don’t come with a straightforward bill or invoice. Below are some common examples:
- Pain and Suffering: This covers any discomfort or physical pain caused by the work injury.
- Emotional Distress: Feelings of anxiety, depression, or other emotional challenges brought on by the accident can be recovered.
- Loss of Consortium or Companionship: This includes the effect an injury has on relationships with a spouse or family members.
- Loss of Enjoyment of Life: When you can no longer take part in hobbies or daily activities you once loved, you can seek compensation.
How Non-Economic Damages Are Evaluated
Accident attorneys and insurance companies look at how the injury affects your daily life and emotional well-being. The two common methods used to calculate these damages include:
Per Diem Method
With this method, a daily rate is assigned to how much discomfort or pain you experience and then multiplied for however long you feel that pain. If the daily rate is set at $100, for example, and you experience serious pain for 60 days, the total would be $6,000. Lawyers or insurance companies sometimes use a person’s typical daily earnings to come up with the cost for each day of suffering.
Multiplier Method
Under the multiplier method, you add up your economic damages – such as medical bills and lost wages -and then multiply that total by a certain number, usually between 1.5 and five. The multiplier depends on the severity of your injuries, how long your recovery takes, and whether you face permanent effects. The less serious your injuries, the lower the multiplier. For instance, if your economic damages equal $20,000 and a multiplier of three is used because you suffered moderate to severe injuries, you would receive $60,000 in pain and suffering damages.
Punitive Damages
Punitive damages are an extra payment meant to punish a defendant for wrongdoing that goes beyond ordinary negligence. They also discourage others from engaging in similar behavior in the future. In Washington DC, courts generally require proof that the defendant acted with malice or ill will or with a wanton disregard for a person’s safety.
in order to sustain an award of punitive damages, the plaintiff must prove, by a preponderance of the evidence, that the defendant committed a tortious act, and by clear and convincing evidence that the act was accompanied by conduct and a state of mind evincing malice or its equivalent
While they aren’t awarded often, punitive damages send a strong message that this level of misconduct will not be tolerated.
To learn more about the types of damages available in a personal injury claim and what you may be entitled to, contact us at Lightfoot Law, PLLC today to schedule a free consultation.