Non-Economic Damages

If you’re hurt because of someone else’s negligence—maybe in a car accident, a truck accident, or another type of incident—you might know you can recover money for your economic losses, such as hospital bills and lost wages. But you can also seek compensation for losses that don’t have a clear price tag, like pain and suffering. In Texas, these are known as non-economic damages.

In this article, we’ll discuss how non-economic damages work, how you prove them, and why they may make a big difference in your personal injury case.

What Are Non-Economic Damages?

In Texas, non-economic damages focus on the personal harms you experience after an accident. They’re different from economic damages, which rely on actual costs like medical expenses or car repairs. Non-economic losses don’t come with a receipt; instead, they’re about how your injuries affect your emotions, physical comfort, and daily life.

Examples of non-economic damages include:

• Pain and suffering: This covers your physical pain, discomfort, and other hardships caused by your injuries.
• Emotional distress: Anxiety, depression, insomnia, or other mental health challenges related to the accident can fall under this category.
• Loss of enjoyment of life: If you can’t take part in your favorite hobbies or normal activities anymore, you may be compensated for that loss.
• Loss of consortium: When your injuries damage your relationship with a spouse or close family members, you can request these damages.

Because these harms are subjective, they may be harder to measure. But in many cases, they represent a big share of what you lose due to someone else’s carelessness.

How Texas Law Treats Non-Economic Damages

Texas law allows accident victims to seek non-economic damages in virtually all personal injury cases. Unlike some states, Texas usually doesn’t set a maximum limit (or “cap”) on them, except in certain categories like medical malpractice.

There are a few more important things to note about non-economic damages in Texas as well:

• Comparative fault: Texas follows a “modified comparative negligence” rule. If you share some blame for your accident, your overall compensation—including non-economic damages—could be reduced. But you can still collect money as long as you’re not more than 50% responsible.
• No strict formula: Courts don’t rely on a fixed multiplier or formula to figure out these damages. Instead, they look at how deeply your life has changed. Factors like the severity of your injuries, the time it takes to heal, and the emotional fallout can all guide the final amount.
• Jury discretion: If your case goes to court, a jury will decide how much to award for pain, emotional distress, and other intangible harms. Every case is unique, so the outcome varies.

An experienced attorney can help you navigate the law and secure the compensation you need and deserve after an accident. 

Showing Proof of Your Non-Economic Losses

Because you can’t point to a hospital bill for, say, “loss of enjoyment of life,” you need strong evidence to prove non-economic damages. A few ways to demonstrate your intangible losses include:

• Detailed personal journal 
• Testimony from loved ones 
• Medical records 
• Photographs or videos 

This evidence can be especially useful when negotiating with an insurer or presenting your case to a jury.

Common Situations Involving Non-Economic Damages

Non-economic damages often arise in a variety of personal injury cases. Here are a few examples of circumstances that could lead to a claim for non-economic damages:

• Car or truck accidents: Being in a crash can lead to chronic pain or emotional trauma.
• Slip and falls: Serious falls might cause long-term mobility issues and anxiety.
• Product liability: Faulty products can leave victims with painful injuries or disfigurement.
• Wrongful death: Surviving family members may seek compensation for emotional losses.

No matter how you were injured, if you suffered intangible harm, you have the right to request compensation. Getting an attorney involved early on in the process can help you meet important legal deadlines and gather the evidence you need to prove your case.

Contact an Austin Personal Injury Lawyer for a Free Case Review

If you’re recovering from an accident in Texas, don’t overlook non-economic damages when seeking compensation. Pain, suffering, and other intangible losses can be a significant part of what you’ve lost. A trusted Austin personal injury lawyer can help you gather the right proof, estimate the full value of your claim, and push back against lowball settlement offers. 

Reach out today for a free consultation to learn more about your options for recovery. You deserve a fair outcome that addresses both the financial and personal effects of your injuries. Keep in mind most attorneys in this field of the law work on contingency, meaning they only get paid if they win compensation for your case.