When a car accident occurs, the physical injuries of victims are often the most urgent concern. While economic damages like medical costs and lost wages are tangible losses, the emotional and psychological impacts of an accident can be just as severe.
In West Virginia, car accident victims can seek compensation for these noneconomic damages, which are also known as “pain and suffering” damages. But what exactly are noneconomic damages, and how can you seek fair compensation if you are suffering from a car accident injury?
Types of noneconomic damages
Noneconomic damages are the intangible, subjective losses that result from an accident due to someone else’s negligence. These damages can include:
- Emotional distress: This refers to the emotional struggles that affect the daily life of a victim. Examples are depression, anxiety and post-traumatic stress disorder (PTSD).
- Loss of enjoyment of life: This means the inability of a victim to join activities or do hobbies that brought them joy before the accident.
- Pain and suffering: This pertains to the physical and emotional discomfort and distress that the accident caused to the victim.
However, there is no fixed formula for calculating noneconomic damages. Instead, the jury can consider the severity of the injury, the impact on the daily life of a victim and the duration of the suffering.
Proving noneconomic damages
Meanwhile, a victim who aims to prove their noneconomic losses must keep a detailed record of their experiences. They must document their medical treatment and therapy sessions and journal about their emotional state and daily struggles. Additionally, they can gather testimony from friends, family and healthcare professionals.
Striving to rebuild your life
Seeking compensation for damages can be a crucial step in your healing process. As you try to manage the complexities of your car accident claim, it is vital to know that your well-being is worth fighting for. With legal guidance, you may better advocate for your rights as you strive to rebuild your life.
