Non-economic damages refer to compensation awarded for intangible losses in a personal injury case. Unlike medical bills or lost wages, these damages address the physical pain, emotional suffering, and overall impact an injury has on a person’s quality of life. Although they do not come with receipts or invoices, they can represent a significant portion of a personal injury recovery.
Understanding how non-economic damages work can help injured individuals better evaluate the full scope of their claim.
What Are Examples of Non-Economic Damages?
Non-economic damages compensate for losses that lack a fixed financial value. These damages are intended to acknowledge the human cost of an injury, including its effects on daily life, relationships, and emotional well-being.
Common examples of non-economic damages include:
- Physical pain and discomfort
- Emotional distress or mental anguish
- Anxiety, depression, or post-traumatic stress
- Loss of enjoyment of life
- Disfigurement or permanent scarring
- Loss of companionship in wrongful death cases
Because these harms are subjective, calculating them requires careful consideration of the injured person’s unique circumstances.
How Are Non-Economic Damages Different from Economic Damages?
In personal injury law, damages are typically divided into two main categories: economic and non-economic.
Economic damages include measurable financial losses such as:
- Hospital bills
- Rehabilitation expenses
- Prescription costs
- Lost wages
- Reduced earning capacity
Non-economic damages, by contrast, address the personal and emotional consequences of an injury. While economic damages can be supported by invoices and pay stubs, non-economic damages rely on medical records, testimony, and other evidence to demonstrate the severity of the impact.
Both categories are important when evaluating the full value of a personal injury claim.
How Are Non-Economic Damages Calculated?
There is no universal formula for calculating non-economic damages. Courts and insurance companies often consider several factors when determining an appropriate amount.
These factors may include:
- The severity of the injury
- Whether the injury is permanent
- The length of recovery time
- The level of physical pain involved
- The emotional effects of the injury
- How the injury affects daily activities and relationships
In some cases, insurers use a “multiplier method,” where economic damages are multiplied by a number based on injury severity. In other situations, a “per diem” approach assigns a daily value to pain and suffering. However, these methods are not mandatory and can vary widely depending on the circumstances.
What Evidence Supports a Claim for Non-Economic Damages?
Because non-economic damages are intangible, strong evidence is essential to demonstrate their impact.
Helpful evidence may include:
- Medical records documenting pain complaints
- Mental health treatment records
- Photographs of visible injuries or scarring
- Testimony from the injured person
- Statements from family members or friends
- Expert testimony from medical professionals
Keeping a personal journal that documents daily pain levels, emotional struggles, and limitations can also be useful. Consistent documentation helps illustrate how an injury has changed a person’s life beyond financial loss.
Are There Limits on Non-Economic Damages?
Some states place caps on non-economic damages, particularly in medical malpractice cases. These limits vary by jurisdiction and may change over time.
In other types of personal injury cases, there may be no statutory cap. Courts may still review awards to ensure they are reasonable and supported by evidence. Because the rules differ depending on where a case is filed, it is important to understand how local law applies to a specific claim.
Do Non-Economic Damages Apply in All Personal Injury Cases?
Non-economic damages may be available in many types of personal injury claims, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Slip and fall incidents
- Workplace injuries
- Wrongful death cases
However, certain claims—such as some workers’ compensation cases—may limit or exclude non-economic damages. The availability of these damages depends on the legal framework governing the specific case.
Why Non-Economic Damages Matter
Physical injuries often heal over time, but the emotional and psychological effects can last much longer. Chronic pain, loss of independence, and strain on relationships can dramatically alter a person’s quality of life.
Recognizing non-economic damages ensures that compensation reflects not only financial losses but also the broader human impact of an accident. Without this category of damages, many injured individuals would receive compensation that does not fully account for what they have endured.
Contact Feller & Wendt, LLC for Help from Our Personal Injury Attorneys Today
If you have suffered an injury and are experiencing ongoing pain, emotional distress, or changes to your daily life, you may be entitled to compensation for non-economic damages. The experienced personal injury attorneys at Feller & Wendt, LLC, understand how to present evidence that fully reflects the impact of an injury.
With over 70 years of combined experience and more than $100 million recovered for clients, our team is committed to pursuing meaningful results. Contact us today at 801-499-5060 to schedule a free consultation and learn how our personal injury lawyers can help you move forward.
