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How Do Non-Economic Damages Work in Connecticut?
Most personal injury claims are to compensate the victim for money that he or she spent. A person who broke his leg from slipping and falling, for example, might demand compensation for lost wages if he has to take time off work. He might also claim compensation for medical expenses, including pain medication. These are referred to as economic damages because they are compensating the victim for financial losses.
Less common, however, are non-economic damages. These refer to non-financial losses incurred by the claimant. In this article, we will explore how non-economic damages work in Connecticut and how to contact an experienced Connecticut personal injury attorney.
What Are Non-Economic Damages?
Sometimes, a person who suffers an injury may experience emotional or psychological injuries that are harder to assess than broken limbs and flesh wounds. Therefore, it can be harder to claim compensation for such damages, which may include:
- Pain and suffering
- Mental anguish
- Emotional distress
- Injury to reputation
- Humiliation
- Diminished quality of life
- Loss of enjoyment of life
In a wrongful death case, where a family sues a defendant for the death of their family member, non-economic damages may also include the loss of support and the loss of consortium, which refers to physical intimacy.
How Can I Prove Non-Economic Damages?
Compensation for non-economic damages is more rare than for economic damages because they are harder to show. A plaintiff who wants restitution for non-economic damages may need to bring evidence such as:
- Expert testimony
- Personal accounts from witnesses
- Records showing the plaintiff attended counseling
How the insurance company or jury views your injury will largely depend on the evidence and the abilities of your attorney.
What Are Punitive Damages?
In even rarer cases, a jury might award a plaintiff punitive damages. While they are also non-economic, punitive damages are in a class of their own because they do not compensate the victim for any loss. Instead, their purpose is purely to punish the defendant for outrageous behavior. Punitive damages are not awarded in most personal injury cases, even when the injuries are catastrophic. They are given in cases where the defendant’s conduct was extremely egregious or deliberate.
Some states place a cap on the amount of punitive damages a jury may award. Connecticut is one of the states that do not. However, because of a precedent set by the Connecticut Supreme Court, punitive damages in this state are usually limited to paying the plaintiff’s legal fees.
Contact a Greenwich, CT Personal Injury Lawyer
Compensation for non-economic damages can be significant, but such damages are often difficult to prove. The best way to bring a claim for non-economic damages is to hire an experienced New York Metro personal injury attorney. At Ivey, Barnum & O'Mara, LLC, our attorneys are ready to investigate your case and gather the evidence needed to build a strong legal claim for the most compensation possible. Schedule a free consultation with one of our experienced lawyers by calling 203-661-6000 today.