When someone gets hurt in an accident, they may face more than just medical bills or lost wages. Many injuries also cause pain, emotional distress, and other life changes that aren’t easy to measure with money. These kinds of losses are called non-economic damages, and they are an important part of many personal injury claims in Pennsylvania.
This article will explain what non-economic damages are, how they differ from economic damages, and what factors can affect the amount someone may receive. We will also discuss how Pennsylvania laws treat non-economic damages and why hiring a personal injury lawyer can help protect your rights.
What Are Non-Economic Damages?
Non-economic damages are losses that can’t be measured in dollars and cents. They do not come with receipts or clear price tags like hospital bills or car repair invoices. Instead, they cover an injury’s emotional and personal impact on a person’s life.
Some examples of non-economic damages include:
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship or affection
- Disfigurement or physical scarring
These damages are deeply personal. Two people could suffer the same type of injury but experience very different levels of pain or emotional trauma. That’s why non-economic damages are often debated and decided in court.
Non-Economic vs. Economic Damages
To better understand non-economic damages, it helps to compare them to economic damages.
Economic damages include:
- Medical expenses
- Lost wages
- Cost of future care
- Property damage
These costs can be tracked through bills, pay stubs, and other documents. Non-economic damages, however, involve pain, fear, sadness, and loss of life pleasures—things that are real but harder to measure. Both types of damages are important in a personal injury case. Together, they aim to make the injured person “whole” again under the law.
How Are Non-Economic Damages Calculated?
There is no exact formula for calculating non-economic damages. That’s because feelings like pain or sadness can’t be added up like numbers on a bill. Instead, lawyers, insurance companies, and courts use several factors to decide what amount is fair.
These factors may include:
- How severe the injury is
- How long the pain or suffering expected to last
- Whether the person can return to their normal life or job
- The age and health of the person before the injury
- How the injury affects daily activities or relationships
In some cases, insurance companies may try to use a multiplier method. This technique involves multiplying the victim’s economic damages by a number between 1.5 and 5, depending on how serious the injury is.
In Pennsylvania, courts may look at many details before deciding on a total. No two cases are the same, so the amount awarded in one case may differ greatly, even if the injuries seem similar.
Pennsylvania Laws on Non-Economic Damages
Pennsylvania does not place a general cap or limit on non-economic damages in most personal injury cases. It means there is no maximum amount someone can receive for pain, suffering, or emotional harm.
However, there are a few exceptions. One exception is in lawsuits against the state or local government. In these cases, the total amount of damages, including non-economic damages, may be limited by law.
Also, Pennsylvania follows a rule called modified comparative negligence. If the injured person is found to be partly at fault for the accident, their damages can typically be reduced. For example, if a court finds the person 20% at fault for a car accident, their damages will likely be reduced by 20%. If they are more than 50% at fault, they usually cannot recover anything.
Understanding these rules is important because they can greatly affect how much money someone may receive for their injuries.
Why Non-Economic Damages Matter
Many people focus on medical bills and lost wages after an accident. But an injury’s emotional and personal toll can last much longer than physical pain. Some people may never fully recover their peace of mind, ability to enjoy hobbies, or relationships with loved ones.
For example, someone who loses a leg in a motorcycle crash may not just face surgery and hospital costs. They may also experience depression, anxiety, and the loss of a favorite activity like hiking or playing with their children. These are real losses, and the law recognizes their value.
That’s why non-economic damages are so important. They help provide compensation for what can’t be bought or replaced.
Contact Our Scranton Personal Injury Lawyers at McDonald & MacGregor, LLC for Help Pursuing Non-Economic Damages
Non-economic damages are a key part of personal injury claims in Pennsylvania. They cover an injury’s emotional and personal impact—things like pain, suffering, fear, and lost joy. While they are harder to measure than medical bills, they are just as real and important.
If you’ve been hurt in an accident that wasn’t your fault, it’s important to know your rights. A Scranton personal injury lawyer at McDonald & MacGregor, LLC can help you understand the full value of your case, including your non-economic damages. Contact us today or call (570) 209-7062 for a free consultation. With the right legal help, you can seek fair compensation and take a step toward healing.
