The Challenges in Proving Non-Economic Losses and How to Overcome Them
Written by
- Redaction Team
If you have been hurt in an accident, you know the pain is not just physical. The psychological pain, anxiety, and loss of happiness could even be worse. Such feelings are called non-economic losses. As opposed to medical bills or even lost earnings, such losses are harder to prove with papers or receipts. This makes it hard to obtain justice.
Whenever you file a case to recover compensation for the pain and suffering that you’ve endured, you will face challenges. How can you prove sadness, fear, or lack of joy in your daily life? These feelings are real but invisible. That is the reason proving non-economic losses is tough. But relax; there are ways to make it easier.
Why Is It Hard to Prove Non-Economic Losses?
First, non-economic losses are personal. No two people feel pain the same way. Perhaps you’re nervous and sad following an accident, but another person in your circumstance is scared or angry. Emotions are personal, and judges and insurance companies might not realize what you’re going through.
Second, emotions have no price tag. The hospital bill shows how much you have spent for your broken leg. However, when you get no sleep each night due to fear, how can you count this?
Thirdly, people believe you could be exaggerating. Sadly, some think that pain that they cannot see must not be really bad. If you aren’t careful, this unfair idea can harm your case.
How You Can Build Your Case Stronger?
It is hard, but you can prove your non-economic losses. These are steps that could help you prove your case in court:
1. Keep a Personal Diary
Write down your feelings each day following your accident. Talk about your pain, stress, or maybe something you could never do but now that you have started doing it. A diary shows the way your life changed. Showing it to your attorney or the court is evidence of your suffering.
2. Support from Friends and Family
Ask individuals close to you to describe what they saw. Perhaps your partner notices you cry more frequently, or your best friend sees you stopped going out. Their words might show the pain is real and has changed your everyday life.
3. Talk with a Therapist or Doctor
Medical professionals could be your greatest assistance. A therapist can explain your mind hurt, and a physician will explain the actual physical pain. The court trusts their written reports and expert opinions.
4. Collect Other Evidence
Photos, videos, or maybe even social media posts could demonstrate that your life has changed. For example, if you used to run marathons before but now stay home, photographs from before and after the accident can tell a story.
5. Be Honest and Clear
Do not exaggerate when discussing your pain. Speak honestly and plainly. Being honest makes you believable and courts like real, straightforward stories.
Final Thoughts
Non-economic losses aren’t easily proved. It requires time, patience, and support. However, keep in mind that you’re hurting, and you should be heard. Keeping excellent records, asking relatives for assistance, and seeking expert advice can help.
You can overcome the challenges if you remain strong and also stick to these steps to obtain the treatment you deserve. Nobody should suffer quietly. You deserve help and justice for the pain (seen or even unseen) you’ve experienced.
More about Business Planning
