Sustaining injuries in an accident impacts more than your physical health. Perhaps you can’t pick up your kids, or perhaps seeing a busy intersection triggers feelings of anxiety as panic overwhelms you when you think of getting back in the car. These struggles may not follow you with a hospital bill, but they’re real and worthy of consideration.
This is where non-economic damages come in. In contrast to your medical expenses or lost wages, time, or freedom from work and other obligations, non-economic damages encompass your recovery’s emotional and personal side. This could be pain, distress, anxiety, or just the loss of enjoyment from everyday life.
Courts implicitly recognize that an accident could do more than financially devastate your economic status, so the law allows room to be compensated for the impact an accident has on you as a person.
This article will explain non-economic damages, how they are distinguishable from economic losses, and whether they can be claimed in a claim against a defendant.
What Counts as Non-Economic Damages?
Non-economic damages are sometimes called “general damages.” They describe the impact of an injury on your daily life and mental well-being. These damages don’t show up in receipts or invoices but are felt in your body and mind.
Common examples include:
- Pain and suffering
- Emotional distress
- Anxiety, depression, or post-traumatic stress disorder (PTSD)
- Loss of companionship or support from a loved one
- Loss of enjoyment of life (like being unable to hike, play music, or engage in hobbies)
- Disfigurement or permanent scarring
These are different from economic damages, which cover things you can calculate, such as hospital bills, rehab costs, lost paychecks, or car repairs.
Can You Claim Them?
Yes, you can. Most states allow accident victims to seek both economic and non-economic damages. Personal injury law is based on the idea that you should be “made whole” as much as possible. Since pain and emotional harm can be just as heavy as financial losses, the law gives a path for recovery.
For example, California Civil Code § 1431.2 defines non-economic damages broadly, including “pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation, and humiliation.” Other states use similar wording, though some set limits on how much can be awarded.
How Courts Decide Value
Putting a dollar amount on pain is not easy. There are a few types of calculations involved in a court or insurance company’s determination:
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Multiplier method– Economic damages (i.e., medical bills) are multiplied by some number, usually between 1.5 and 5 or more, depending on the severity of the injury.
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Per diem method– A dollar amount per day is assigned to account for your suffering and multiplied by the number of days until you have recovered.
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Jury discretion– Sometimes, the jury decides the non-economic damages based on the testimony, evidence, and impact on your life.
The factors affecting the outcome include:
- the severity and permanence of the injury,
- the credibility of your testimony,
- the medical record and the experts,
- Any statutory laws or caps in your state?
State Limits on Non-Economic Damages
Some states have limits on non-economic damages. These limits are the most common in medical malpractice cases, but can also extend to other types of personal injury lawsuits.
Examples:
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California: Non-economic damages are limited to $350,000 in medical malpractice cases under the Medical Injury Compensation Reform Act (MICRA), as of 2023.
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Colorado: A non-economic damages cap of $642,180 exists, with increased limits on growers’ injured children or other types of cases.
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Texas: Non-economic damages in medical malpractice cases are limited to a total of $250,000 against a single health care provider.
Not all states have limits. So, your question of whether you will be impacted by a cap depends on the state you live in and the type of case you bring.
Why Evidence Still Matters
While these damages may seem abstract, they still require evidence. Keeping a pain journal, going to therapy, or obtaining witness statements from your spouse, friends, or coworkers can help demonstrate how the crash has impacted your life. Also, medical expert testimony will explain whether there might be longer-lasting effects.
Recap of Main Points
- Non-economic damages cover pain, suffering, and emotional harm.
- They differ from economic damages like bills and lost income.
- Most states allow you to claim them in accident lawsuits.
- Courts use methods like multipliers or per diem to calculate value.
- Some states cap non-economic damages, especially in medical malpractice cases.
- Strong evidence—medical records, journals, witness testimony—can increase your chances of success.