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Kansas City, MO personal injury attorney Rachel Smith talks about the types of damages that are awarded in personal injury cases. She shares that the easiest damages to calculate in a personal injury case are the economic damages, which include medical bills, lost wages, and other verifiable expenses. A jury can often quantify these with basic addition. While insurance companies may still attempt to challenge the amounts, these damages are straightforward because they are supported by documentation.
The more complex and significant damages are the non-economic damages, commonly referred to as pain and suffering. These encompass the emotional and psychological toll of an injury, including anxiety, mental distress, sleep loss, and the disruption of relationships with a spouse, children, or loved ones. She emphasizes that these damages are often the most profound impact on a client’s life but also the hardest to convey to a jury and the easiest for insurance companies to minimize.
Insurance adjusters may attempt to limit non-economic damages by tying them to the amount of economic damages, but this ignores the real human cost: the inability to drive, participate in fitness or recreational activities, engage with community, or spend quality time with grandchildren. She underscores that these losses can lead to depression and emotional distress, making the recognition of non-economic damages critical in achieving just compensation for her clients.
