Economic Vs. Non-Economic Damages
Have you ever heard the terms "economic" and "non-economic" damages in the context of a legal case? These are two types of damages that can be awarded to a plaintiff in a lawsuit.
In this blog, we compare economic vs. non-economic damages - how they can impact the outcome of a case, and some of the factors that are considered when determining their value. Whether you are a legal professional or just interested in learning more about the legal system, it is important to know the difference between these two types of damages.
It is important to have an experienced work injury attorney on your side who can help you seek justice for both economic and non-economic damages. At Chen & Nowzari LLP, our team of experienced lawyers will fight for your rights and make sure you get the maximum amount of compensation possible. Contact us today and let us help you get the justice you deserve.
Definition of Economic Damages
Economic damages are financial losses that can be calculated and quantified. These types of damages are a type of compensation awarded to individuals who have been injured due to the negligence or fault of another person. These damages are intended to make up for financial losses resulting from the injury from the defendant.
Types of Economic Damages
There are several types of economic damages that can be awarded to a plaintiff in a legal case. Some common types of economic damages include:
Medical expenses: This includes all costs associated with medical treatment and care, such as hospital bills, doctor's fees, medication, and rehabilitation costs.
Lost income: This refers to the income that the plaintiff would have earned if they had not been injured or suffered financial losses as a result of the defendant's actions. This can include lost wages, bonuses, and commissions.
Property damage: This includes the cost of repairing or replacing any property that was damaged or destroyed as a result of the defendant's actions.
Loss of earning capacity: This refers to the plaintiff's reduced ability to earn income in the future as a result of their injuries or financial losses.
Funeral and burial expenses: In cases where the plaintiff has lost a loved one due to the defendant's actions, they may be awarded damages to cover the cost of funeral and burial expenses.
These are just a few examples of the types of economic damages that can be awarded. It is important to keep in mind that the specific damages awarded will depend on the nature of the case and the financial losses suffered by the plaintiff.
Economic damages can also be further broken down into two categories: special damages and general damages. Special damages are more tangible losses that can be calculated with exact figures such as medical bills or lost wages, while general damages refer to non-monetary losses that cannot be easily quantified, such as pain and suffering. General damages cannot be calculated in terms of money but can still provide some degree of comfort and justice for victims who have been wronged.
How To Prove Economic Damages
Proving economic damages is a crucial part of any legal case in which they are sought. In order to be awarded economic damages, the plaintiff must be able to demonstrate the financial losses they have suffered as a direct result of the defendant's actions. To prove economic damages, the plaintiff will typically need to provide evidence such as:
Medical bills, receipts, and invoices to demonstrate the cost of medical treatment and care.
Pay stubs, tax returns, and other financial documents to demonstrate the plaintiff's lost income or earning capacity.
Estimates, quotes, and invoices from repair or replacement services to demonstrate the cost of property damage.
Expert testimony from financial and medical professionals to provide an accurate assessment of the damages suffered by the plaintiff.
It is important for the plaintiff to keep accurate and detailed records of all financial losses related to the case in order to provide sufficient evidence of economic damages. Without such evidence, it can be difficult or impossible to prove the extent of the plaintiff's financial losses and secure appropriate compensation.
Definition of Non-Economic Damages
Non-economic damages are a type of financial compensation designed to compensate for losses that cannot be measured in terms of money.
Non-economic damages are not tied to a specific dollar amount like economic damages; instead, they are awarded based on the severity and extent of the injuries sustained by the victim. In some cases, non-economic damages may also include punitive damages if the court finds that the person responsible for causing the incident acted with malicious intent or gross negligence.
Non-economic damages are intended to provide victims with a sense of justice and closure that cannot be achieved through monetary compensation alone.
Types of Non-Economic Damages
Non-economic damages are another type of compensation that can be awarded to a plaintiff in a legal case. Some common types of non-economic damages include:
Pain and suffering: This includes physical pain, emotional distress, and other forms of suffering experienced by the plaintiff as a result of the defendant's actions.
Loss of consortium: This refers to the impact of the plaintiff's injuries or losses on their relationships with their spouse or family members.
Loss of enjoyment of life: This refers to the loss of the ability to enjoy hobbies, activities, and other aspects of life as a result of the defendant's actions.
Disfigurement or scarring: This includes any permanent physical disfigurement or scarring resulting from the defendant's actions.
Mental anguish: This includes psychological distress, anxiety, depression, and other forms of emotional harm caused by the defendant's actions.
These are just a few examples of the types of non-economic damages that can be awarded. Unlike economic damages, non-economic damages can be difficult to quantify, and their value is often subjective and varies depending on the individual circumstances of the case.
How To Prove Non-Economic Damages
Proving non-economic damages is often more difficult than proving economic damages, as these damages are intangible and do not have a direct monetary value. To prove non-economic damages, the plaintiff will typically need to provide evidence that demonstrates the impact of the defendant's actions on their physical, emotional, and psychological well-being. This may include:
Medical records and testimony from healthcare professionals to demonstrate the extent of the plaintiff's injuries and the pain and suffering they have experienced.
Testimony from friends, family members, and other witnesses who can provide insight into the plaintiff's mental state and emotional well-being before and after the incident.
Expert testimony from mental health professionals to provide an assessment of the plaintiff's mental anguish, emotional distress, and other forms of psychological harm.
Photographs, videos, or other visual evidence that can demonstrate the physical disfigurement or scarring caused by the defendant's actions.
While it can be challenging to quantify non-economic damages, providing compelling evidence of the impact of the defendant's actions on the plaintiff's physical, emotional, and psychological well-being is essential in securing an appropriate award of non-economic damages.
Calculating Damages
Calculating damages can be a complicated process, with both economic and non-economic damages needing to be taken into account. In order to accurately calculate the total amount of financial compensation owed to the victim, both economic and non-economic damages need to be taken into consideration.
When determining economic damages, it is important to include all costs associated with the incident in question. This includes any medical bills from necessary treatments or therapies as well as lost wages if the victim was unable to work due to their injuries. In addition, property damage should also be calculated when applicable.
For non-economic damages, the court may consider several factors when determining an appropriate settlement amount including the severity of the injury or impact on quality of life; expected duration of symptoms; whether the defendant acted maliciously or recklessly; and any punitive measures that may have been warranted in relation to the incident.
Chen & Nowzari LLP - The Premier Work Injury Attorneys
Chen & Nowzari LLP is the premier work injury attorneys in the Los Angeles area. Our team of experienced lawyers are dedicated to helping injured workers get the compensation they deserve for their injuries. We understand that suffering an injury on the job can be a traumatic experience and we strive to provide our clients with the highest level of service.
Our practice areas cover a wide range of workers’ compensation cases such as catastrophic injuries, slip and falls, construction accidents, automotive accidents, back & spinal cord injury, traumautic brain injuries, burn injuries, and much more.
We pride ourselves on being knowledgeable, compassionate, and understanding while providing personalized legal advice tailored to each individual case. With years of collective experience in workers’ compensation law, we have the expertise and resources to fight for your rights and ensure you receive fair compensation for your damages.
Contact an Experienced Work Injury Attorney Today
Workplace injuries are a common occurrence, and when it happens to you, you may be entitled to compensation for your damages. Understanding the difference between economic damages vs. non-economic damages is important in pursuing compensation in a legal case. No matter how serious your injuries may be, it is important to speak to an experienced work injury attorney as soon as possible. An experienced attorney can help you understand your rights and legal options, ensuring that you get the maximum amount of compensation for your damages.
At Chen & Nowzari LLP, our team of experienced lawyers are dedicated to helping injured workers get the compensation they deserve for their injuries. We understand the nuances of workers’ compensation law and have extensive experience in negotiating with employers and insurance companies to ensure that our clients receive fair compensation whether it’s economic damages vs. non-economic damages. We will fight for your rights and make sure you are treated fairly throughout the process.
Contact us today to learn more about how we can help you seek justice for your injuries.
FAQ’s
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When a person is injured due to another's negligence, they may be entitled to compensation for both economic and non-economic damages. In most cases, both economic and non-economic damages are available for victims who can provide sufficient documentation or testimony proving their losses.
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Yes, you can still recover damages in California even if you were more than 51% at fault for an accident. California follows a "pure comparative negligence" rule, which means that a plaintiff can recover damages even if they were mostly responsible for the accident. However, the amount of damages the plaintiff can recover will be reduced by their percentage of fault. For example, if a plaintiff is awarded $100,000 in damages but is found to be 60% at fault, their award would be reduced to $40,000 ($100,000 minus 60% = $40,000).
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In California, the value of a workers' compensation case is determined by a variety of factors, including:
The extent of the injury: The severity of the injury and the resulting disability will impact the amount of compensation you receive.
Medical expenses: The cost of medical treatment, including ongoing treatment and rehabilitation, will be factored into your settlement.
Lost wages: If you are unable to work due to your injury, you may be entitled to compensation for lost wages.
Permanent disability: If your injury results in permanent disability, you may be entitled to additional compensation.
Pre-existing conditions: If you had a pre-existing condition that was aggravated by your work-related injury, this may impact the amount of compensation you receive.
The laws of California: California has specific laws governing workers' compensation, and these laws can impact the amount of compensation you are entitled to receive.
It's important to note that every workers' compensation case is unique, and the value of your case will depend on the specific details of your situation.