You may have heard about medical expenses, lost wages, cost of daily living, and various other damages in a car accident case. However, one term that has not quite caught up yet is intangible damages. It is important to understand what they mean and how they could help you recover after a tragic incident.
Intangible damages refer to those costs in an accident which are not easily calculated and usually require expert testimonies. For example, pain and suffering are intangible damages. Therefore, you may say that intangible damages are another term for non-economic damages. If you face difficulty obtaining these damages, perhaps a car accident lawyer can help you.
What are intangible damages?
The term “intangible damages” is not as popular as non-economic damages, but they are basically the same thing. These damages refer to those losses on which one cannot easily put a price tag. For example, your medical expenses can be determined with the help of your medical records and hospital bills. However, how much your pain and suffering is worth is quite complex to figure out.
There is no specific dollar value on pain and discomfort that is not physical. Many car accident victims only focus on obtaining the economic damages, such as medical costs, lost wages, loss of earning capacity, costs of vehicle repair, etc. However, addressing your mental issues is just as important.
Suppose you were in an accident where you lost mobility in your legs. Before your accident, you were a swimmer and loved to swim. However, due to limited mobility, you are now unable to continue your career as a swimmer and have to give up the sport for life. This can surely result in anger, disappointment, sadness, and other feelings. Intangible damages can compensate you for that.
Are intangible damages challenging to prove?
Because of their nature, intangible damages cannot be seen with your eyes. Your attorney may take the assistance of an expert witness specializing in a related field to look into the situation and provide their opinion. The opinions of an expert are usually regarded as valuable to the court; therefore, they can be helpful to prove your stress, anxiety, depression, or any other condition you may be suffering from.
For example, if you have PTSD after an accident, the judge would not simply believe your words. You will have to provide medical reports from a psychiatrist and expert testimony to demonstrate how much your life has been affected by the incident.
If you are hoping to obtain non-economic or intangible damages from the other party, it is probably not a good idea to represent you in court. An attorney has specific resources to make you win the case faster than you otherwise would.