Proving Non-Economic Damages In Injury Cases

When a client is injured due to another person’s negligence or intentional act, one of their early questions is inevitably, “What’s my case worth?” Early on, I tell them, “It’s too soon to tell.” We must investigate, gather documents and hope the client heals fully.

There are multiple components to the injured person’s claim. Most people are familiar with the concept of economic damages in a personal injury case: lost time from work or medical expenses for treatment. Both lost wages and medical bills are readily quantifiable. More intangible and difficult to value are the non-economic damages for which you may be eligible to recover, such as pain and suffering.

According to Chapter 10:2 of the Maryland Civil Pattern Jury Instructions (MPJI-Cv) published by the Maryland State Bar Association, compensatory damages for bodily injury include the following:

1. The personal injuries sustained and their extent and duration
2. The effect such injuries have on the overall physical and mental health and wellbeing of the plaintiff
3. The physical pain and mental anguish suffered in the past and that with reasonable probability may be expected to be experienced in the future
4. The disfigurement and humiliation or embarrassment associated with such disfigurement
5. The medical and other expenses reasonably incurred in the past and that with reasonable probability may be expected in the future
6. The loss of earnings in the past and such earnings or reduction in earning capacity that with reasonable probability may be expected in the future

What exactly are those intangible elements of injury that are non-economic? MPJI-Cv Chapter 10:2 defines non-economic damages as pain, suffering, pre-impact fright, inconvenience, physical impairment, disfigurement, loss of consortium, or other non-pecuniary injury, sustained in the past and reasonably probable in the future.

Further definitions of these elements are also in the MPJI-Civ. For example, pre-impact fright is recovery for the “emotional distress and mental anguish that the plaintiff suffered between the time the plaintiff realized that there would be an accident and the accident.” But how does one place a monetary value on these intangibles?

Helping clients obtain compensation for non-economic damages is not science; it’s more an art, informed by experience, realistic goals and common sense. Each injured client has a unique story to tell.

One of the keys to success is to make sure the client records their experiences from the moment of a collision, fall or other calamitous event through their course of recovery. They may miss time with children or grandchildren. Their social circle may diminish. They may be unable to work, exercise or sleep through the night. Depression often accompanies physical pain. Catastrophically injured clients may have to relearn how to eat, walk and function.

Of course, in a death case, we are sadly left with only the survivors to recount the loss of a loved one and the devastating effects their absence creates.

If you or a loved one experience a personal injury, you will have questions. You should consult with an attorney who is familiar with this area of the law and who will assist you in making informed decisions.

David Diggs is an experienced and personal injury lawyer, recognized as a leader in the area. If you need further information regarding this subject, please contact the Law Office of David V. Diggs LLC, located at 8684 Veterans Highway, Suite 302, in Millersville, by calling 410-244-1189, visiting www.diggslaw.com, or emailing david@diggslaw.com.

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