Accident victims suing another party for negligence may seek compensation for economic losses, such as medical costs and lost wages. They can also pursue noneconomic damages for intangible losses that don't have a direct cost associated with them but which significantly impact the victim's quality of life. These damages are often greater than the victim’s out-of-pocket losses from the accident. However, because they are intangible, proving them requires special techniques.

Connecticut law defines noneconomic damages as compensation for physical pain and suffering and mental and emotional anguish a victim endures as a result of their injuries. This can manifest in ongoing physical discomfort, psychological symptoms such as anxiety or depression and a diminished capacity to enjoy life's activities. A person might experience persistent pain from injuries, face emotional challenges like sleep disturbances or mood swings, and be unable to participate in hobbies or social events.

Unlike medical costs or lost wages, quantifying pain and suffering is inherently subjective. Insurance adjusters employ specific methodologies to estimate these damages. Two common approaches are:

• The multiplier method — This involves summing all the economic damages, such as medical expenses, and then applying a multiplier ranging from one to five. Which multiplier is used depends on various factors, including the severity and permanence of the injuries, the impact on the victim's daily life and the degree of fault attributable to the defendant.

• The per diem method — This assigns a daily value to the victim's pain and suffering, which is then multiplied by the number of days the victim is expected to suffer. This may continue until the victim fully recovers or reaches a point of maximum medical improvement. The rate per day might be influenced by the intensity of pain or the extent of emotional distress.

If no adequate settlement can be reached and the case goes to trial, the judge instructs jurors to use their judgment and experience to find a fair and reasonable amount of noneconomic damages. The victim’s personal injury lawyer can present several forms of evidence of pain and suffering, such as:

• Physician testimony — The victim’s doctors may be able to offer their opinions on the physical pain causes by the injuries. Independent physicians may be called as expert witnesses.

• Mental health specialist testimony — A licensed therapist, psychologist or psychiatrist can evaluate the victim and give an opinion on the emotional distress likely caused by the injuries.

• Testimony of family members — A spouse, child, parent or sibling can testify about how the victim’s daily routine has been affected by their injuries.

• Testimony of the victim — A jury may be persuaded by the victim’s physical appearance and their direct account of the physical and emotional issues they are struggling with. 

These testimonies help paint a comprehensive picture of the ongoing impact of the injury on the victim's life, bolstering the case for noneconomic damages. Unlike many other states, Connecticut law does not place a dollar limit on this type of compensation.

At Gesmonde, Pietrosimone & Sgrignari, L.L.C. in Hamden and East Haven, our Connecticut attorneys know how to present evidence to help maximize the amount of compensation you receive. If you have been seriously injured, call 203-745-0942 or contact us online to arrange a free initial consultation.