The term “noneconomic damages” describes the costs of an accident that cannot be expressed with numbers and is frequently referred to as pain and suffering. This encompasses physical and mental suffering, physical pain, scars and disfigurements, and mental anguish. Because noneconomic damages may be difficult to prove, it is best to have an experienced truck accident attorney on your side.
It will be easier for you to recover noneconomic damages after a Florence truck accident with the help of a lawyer from Busald Funk Zevely who will aggressively pursue a great result for you. With their decades of experience, they can build a compassionate case to present to a judge and jury.
Types of Noneconomic Damages
Pain and suffering is only one part of the larger category of economic damages. Any or all these damages could be awarded at trial by a judge or jury.
Permanent Impairment of Earning Power
Even when an injured person has never earned any money (such as children), they could still be awarded damages when their injuries bar them from potential future earnings. For example, Spurlock v. Spurlock held that even though the plaintiff in the case was a homemaker and stay-at-home mom without a salary, it was appropriate for permanent impairment of earning power award.
Loss of Enjoyment of Life
Sometimes called diminished enjoyment of life, loss of enjoyment of life is recoverable under the recognized category of mental suffering and anguish. One example of this could be a person developing depression because their injuries prevent them from participating in work or activities they participated in prior to the accident.
Future Pain and Suffering
The injured party is entitled to recover damages when evidence shows, with reasonable certainty, pain and suffering will continue to occur. This is established by the injured person, family and friends, the treating physician, and sometimes the nature and extent of the injury itself. With some injuries, it is clear the injured party will continue to have future problems, but there are other, less severe injuries where continued pain and suffering is not as obvious.
There is no requirement someone’s injuries must be permanent to be entitled to recover for future pain and suffering. An increased likelihood of future complications is recoverable as a component of future pain and suffering, but it is not considered a separate category of noneconomic damages that can be recovered after a Florence truck accident.
When future medical expenses are awarded by a jury, a corresponding award for future pain and suffering must be considered, but the law does not require a jury to award damages for future pain and suffering in every case.
Rules for Determining Noneconomic Damages
Per Kentucky Revised Statutes Section 304.39-060 (2) (b), a person who sustains physical injury in a vehicle crash is entitled to recover damages for pain, suffering, mental anguish, and inconvenience because of bodily injury, sickness, or disease. When seeking to recover damages for mental distress, they must prove it is the direct and natural result of the injury they sustained.
Damages will be awarded for pain and suffering when they can present substantial evidence that establishes the pain and suffering actually occurred. This is typically done through testimony from the injured person, a treating physician who can discuss the nature and extent of the injuries and their consequences, any witnesses to the crash, and family and friends.
Witnesses from before and after the crash are critical when establishing these noneconomic damages after a Florence truck accident, because a jury is more likely to trust their unbiased findings regarding how the plaintiff’s life has changed as a result of the crash.
Call an Attorney After a Truck Accident in Florence to Recover Noneconomic Damages
Once you have secured proper medical treatment, consider working with a personal injury lawyer to recover noneconomic damages after a Florence truck accident. Money alone cannot fix pain and suffering, but it could lift the burden of medical bills, everyday expenses, and daily worries that take a toll on your mental health. Call an experienced attorney at Busald Funk Zevely and fight for what you deserve.
