When you suffer an injury after a car crash or a bad fall, the impact of the accident extends far beyond medical bills and lost wages. Non-economic damages can represent the lasting pain and suffering you have to deal with and can be awarded when you file a claim. Understanding how North Dakota laws recognize these losses can help you pursue the compensation you deserve.
What counts as a non-tangible loss
Following an injury after an accident, you might suffer bodily pain and mental issues in addition to palpable symptoms. These can include:
- Physical discomfort
- Emotional distress
- Inability to pursue hobbies or interests
- Deprivation of married life benefits
- Disfigurement
These non-economic damages often make up a significant portion of your personal injury claim. There are ways to put a dollar amount on them so you can receive proper compensation.
The calculation process
North Dakota law does not provide a rigid mathematical formula for the non-economic damages. While negotiating your compensation with the insurer, your legal representation normally uses two primary methods to arrive at a fair value.
One way is the multiplier method, which is your total quantifiable damages multiplied by a number between 1.5 and 5, depending on the severity of your injury. Another is the per diem method. This is the daily dollar amount for your suffering multiplied to the total days from the accident date until you reach maximum medical improvement.
Evidence that can support your claims
While non-economic damages are not tangible, you can still present documentation that links your physical injuries to the loss of your quality of life, including:
- Witness statements
- Medical records
- Testimonials from mental health professionals and vocational experts
- Doctor’s reports
- Your daily journal entries
Compiling this evidence can be crucial when challenging North Dakota’s modified comparative fault rule. As long as you can prove you are 49 percent or less at fault for the accident, you may still recover compensation.
A step toward genuine healing
Your pain and overall recovery matter and deserve adequate support. Ensuring that the full scope of your injury losses is properly valued can help you pursue the compensation needed to regain your stability.