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PART 4 of 10: The economics of non-economic damages. Aren't non-economic damages a waste of money?

By Steve Lombardi

WHAT ISN'T AFFORDABLE WHEN NON-ECONOMIC DAMAGES ARE REDUCED OR ELIMINATED?

What is not paid or covered by this award?

His wife and children who will provide much of his care are not paid. There isn't an award to go to the movies, just for fun. There isn't money for clothing or haircuts, or a massage to make him feel better or an outing to have an ice cream. There is not money awarded for a vacation; that this family will certainly need. There isn't money to buy new clothes, shoes and haircuts. Plain and simple there is not any award for anything that adds to his quality of life or makes it livable. Those non-economic damages called pain and suffering are economic in nature.

Every time you go on vacation, trade in your used for a newer car, buy flowers to plant in the garden, mow your grass, shovel your driveway, buy something at the mall, take your family out for an ice cream cone, drink a beer or martini, buy deck furniture to sit and watch a sunset with a glass of wine, you are essentially enjoying something that 'a non-economic damage award' pays for. To a wage earner it's referred to as discretionary earnings. These are all the things that make life worth living; because without them we may as well be living in rural Russia or a third-world country where the standard of living isn't about the things that make life enjoyable.

Spouses who work will have their incomes counted against government aid eligibility for the injured person so they are left with little choice but divorce.

The taxpayer sooner or later must carry the load of what isn't covered when the money runs out. That's you and I. In the end the person who makes the mistake walks away with more money and the injured person gets what?

Essentially David Fitzgerald with no arms and legs is turned into a money manager for the doctors, utility companies, governments, grocer, fuel industry and companies that supply the basic necessities of life.

Welcome to David's world, he's now an unpaid money manager for the guys that put him in this predicament. How come those who commit the biggest mistakes that cause the most economic damage to you the patient get to keep their quality of life?

Originally posted at InjuryBoard by Steve Lombardi

Full post as published by Des Moines Personal Injury Lawyer on May 21, 2009 (boomark / email).