There are two broad categories of damages available: Economic and Non-Economic. Damages for pain and suffering fall into the non-economic category and are often the most controversial part of any auto accident recovery, partly because they are not easily defined or quantified, and partly because they can make up a very substantial part of any plaintiff’s overall damage claim. Following is a break-down of the types of harm covered under economic and non-economic damages:

In auto accident cases, economic damages may include:

Medical expenses – past and future
Lost wages – past and future
Lost earning capacity

Non-economic damages may include:

Pain and suffering
Mental and emotional suffering
Loss of enjoyment of life
Permanent impairment or loss of function
Loss of consortium (loss of spousal companionship and services)

Connecticut operates under a "tort liability system" that governs how pain and suffering claims are to be litigated. In short, the tort liability system allows the jury to decide, exclusively, the amount of damages to which the plaintiff is entitled. There are no restrictions on who can or cannot sue for personal injury damages. The jury looks at the amount of money the plaintiff is requesting for each item of harm and decides if that amount is reasonable. To see how juries go about this task, see How do insurance companies and juries assign values to pain and suffering?

Resources:

Document Your Pain and Suffering Claim (Checklist) : A checklist that helps you document your economic and non-economic damages. An essential tool to help you prove and record your pain and suffering claim.

Connecticut Insurance Department: The Consumer Affairs division of the Connecticut Insurance Department provides useful information about purchasing auto insurance and auto insurance coverage.

Connecticut Insurance Law Journal: The only academic law review devoted exclusively to original research on the law relating to insurance, risk and responsibility.

Free Advice Auto Insurance Center:. Articles, FAQs, free quotes and research links

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