How the Claim for Non-Economic Damages can be Influenced by Different Factors

Written by: Editor

When victims of personal injury accidents pursue a pain and suffering claim, the manner in which they present their case, as well as a set of other factors, can influence the total settlement, if any, for the pain and suffering they have experienced after the accident. Our team of Los Angeles personal injury lawyers talks about the most common causes that can influence your case.

Key factors in a non-economic damages claim

The list below highlights four of the most important factors that can influence your claim for non-economic damages:
  1. Credibility: how the jury perceives the victim’s testimony is of great importance to the case; if they believe that he lied or if he has a criminal record, then his credibility may be flawed.
  2. Uniformity: this is how consistent the claim is; the statements must present the same version of the accident and the description of how it influenced the quality of life and the level of mental anguish should also remain consistent throughout the testimony. 
  3. Strong medical evidence: the testimony must be supported by strong medical evidence and the testimonies of your treating physicians can greatly impact the jury’s decision; the severity of the injuries can also be linked to whether or not the victim deserves a significant settlement that will also cover pain and suffering.
The jury’s decision can sometimes be based on extra factors such as personal preference. Liking someone is an extremely subjective issue and it has to do completely with human nature. One of our Los Angeles personal injury attorneys can help you build your testimony by taking all of these factors into account.

How to calculate the non-economic damages

Insurance companies will use one of two methods when calculating the settlement value for a victim that has also suffered from non-economic damages. These are:
- the per day method: the victim is awarded a certain amount for each day it was determined that he suffered from pain and suffering after the accident.
- the multiplier method: a multiplier between 1.5 and 5 depending on the severity of the accident is added to the medical expenses.
Legal aid can be very important when trying to obtain compensations both for economic and non-economic damages. You can always contact our Los Angeles personal injury lawyers for more information and legal assistance.