How Do You Prove Non-Economic Damages After a Car Accident?

Michael Waks

2 years ago

If you’re recovering from car accident injuries, you’ve probably already realized that the associated damages can add up fast. In addition to covering out-of-pocket medical expenses and replacement services like alternative transportation, you may be losing paycheck after paycheck as long as you’re out of work. Unfortunately, such monetary losses may not actually be the worst of it. Sustaining unanticipated injuries can also result in a host of non-economic damages. Examples include diminished quality of life, pain, suffering, and emotional distress.

While tort law recognizes the fact that these damages are every bit as real as the tangible monetary losses that victims incur, demonstrating their extent inevitably poses a challenge. If you’re planning on filing a car accident claim and you want to include them in the negotiations, you’re going to have to convince the opposing party that you actually incurred them.

Let’s take a look at the kinds of evidence that will most likely help you do so:

1. Journal Entries

Writing daily entries in a journal is one of the most effective ways to log non-economic damages. You should record:

How you feel physically,
How you feel emotionally,
What kinds of tasks you need help with,
What kinds of hobbies or outings you have to miss out on because of your injuries, and
How your injuries are impacting your loved ones.

2. Psychological Evaluations

Mental health professionals are equipped to evaluate car accident victims. They can speak on associated conditions like depression, anxiety, and PTSD. If you think you might be suffering from some kind of psychological disorder as a direct result of the incident, undergoing an assessment with a reputable provider could bolster your claim.

3. Statements from Loved Ones, Friends, and Colleagues

Those who knew you relatively well before the accident can undoubtedly speak on any changes they witnessed in you afterward. This includes family members, friends, and people with whom you’ve worked.

To support your legal team’s efforts, write down the names and contact details of all those who would likely be willing to testify on your behalf. You can also reach out to them in advance and let them know to expect a call from your attorney, so they feel more comfortable discussing the situation.

Discuss Your Case with a Car Accident Attorney in Long Beach

Your Injuries Are Personal to Me

At the Law Office of Michael D. Waks, you’ll find a strategic personal injury attorney who’s well-versed in all the nuance of car accident claims. Backed by more than 38 years of experience in the legal field, Michael D. Waks knows what it takes to hold negligent parties accountable. Call (562) 206-1939 or fill out the Contact Form on our website to schedule a free initial consultation with this Long Beach car accident lawyer.

Download Our Car Accident Emergency Response .PDF

Recording the scene of a crash makes it considerably easier to put together a strong claim. If you ever find yourself in another wreck, refer to our Car Accident Emergency Response .pdf when documenting the area. Download it HERE for free and print one copy to store in each of your vehicles.

Author
Recent Posts

Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.