Clients often ask me what their case is worth. My usual response, especially early in the case, is that it's impossible to predict. The value of any personal injury claim depends upon many factors. Some of these factors are relatively straightforward: What is the nature of the injuries? How long will it take for them to resolve? How much treatment will be required? How much are the medical bills? Was there wage loss? Were there other expenses necessitated by the injuries?
Other factors are not so easy to calculate. These non-economic damages, commonly referred to as "pain and suffering" refer generally to the impact the injuries had on the injured person's life.
In Washington, non-economic damages which can be awarded are defined as "subjective, nonmonetary losses including, but not limited to pain, suffering, inconvenience, mental anguish, disability or disfigurement incurred by the injured party, emotional distress, loss of society and companionship, loss of consortium, injury to reputation and humiliation, and destruction of the parent-child relationship."
Of course, not all of these elements exist in every personal injury case, but each element is distinct and important, and each must be considered when determining the value of a claim.
Jurors are given very little direction in determining the value of a person's non-economic damages. In fact, this is what they are told:
"the law has not furnished us with any fixed standards by which to measure noneconomic damages. With reference to these matters you must be governed by your own judgment, by the evidence in the case, and by these instructions."
Because of the wide range of non-economic damages available and the vague standard by which they are applied to any given case, they are given a wide range of values depending on who you talk to. You can be sure that the insurance company does not want you to know that you have a right to recover for all of these factors. They will do everything they can to minimize your recovery.
To maximize your recovery for non-economic damages, as well as to get a full recovery for your economic damages, you need an experienced attorney who knows your rights and has the respect of the insurance companies. At the Law Office of Matthew Dubin we know that your claim is about more than money. Its about your life and how it was turned upside-down as a result of the carelessness of another person. We will work to maximize your recovery and to make sure that all of your rights are protected in the process.
If you have any questions about non-economic damages, or about any aspect of a personal injury claim, please check our web site or send me an email.
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