When you’re hurt in an accident, the pain goes beyond just medical bills or lost wages. Certain injuries—like emotional distress, pain, and the loss of enjoyment in life—aren’t always easy to measure in dollars. That’s where non-economic damages come in.
If you or someone you love has been injured in Houston due to someone else’s negligence, it’s important to understand what non-economic damages are, how they’re different from economic damages, and how they can impact your personal injury claim.
What Are Non-Economic Damages?
Non-economic damages are awarded to an injured person for intangible losses that often don’t have a clear dollar amount. These are for injuries that typically affect your quality of life, your emotions, and your overall well-being. While a hospital bill has a set price, things like pain or mental trauma can’t be easily added up. Still, the law recognizes that these injuries are real and deserve compensation.
Non-economic damages can compensate for:
- Physical pain and suffering
- Emotional distress or mental anguish
- Loss of enjoyment of life
- Disfigurement or physical scarring
- Loss of companionship or consortium (typically available in wrongful death cases)
All of these can greatly impact your life and are considered just as important as financial losses.
Non-Economic vs. Economic Damages
In a personal injury case, economic damages cover things you can calculate with receipts or invoices—like medical expenses, lost income, and property damage.
Non-economic damages, on the other hand, cover the invisible costs of an injury. You can’t pull out a bill that says how much your pain is worth, but that doesn’t mean it shouldn’t be considered.
For example, if you were in a car crash and broke your leg, you’d have medical bills and might have lost income from missing work—those are economic damages. But if you can’t sleep, feel depressed, or are no longer able to enjoy hiking or playing with your kids, those are non-economic losses.
How Are Non-Economic Damages Calculated in Texas?
There is no fixed formula for calculating non-economic damages in Texas. Instead, the amount is usually decided by a judge or jury, who will look at the facts of the case and the severity of your suffering.
Factors that may be considered in the calculation include:
- The extent and type of injury you suffered
- How long your pain or emotional distress is expected to last
- The effect the injury has had on your daily life
- Your age and overall health before the accident
Sometimes, lawyers or insurance companies may use the “multiplier method,” where your economic damages are multiplied by a number (usually between 1.5 and 5) to estimate non-economic damages. However, this is just a rough estimate and not a red-line rule.
The more clearly your suffering can be shown through medical records, testimony from loved ones, or even photos or journals, the stronger your case for an amount of non-economic damages.
Texas Laws on Non-Economic Damages
Texas does not limit non-economic damages in most personal injury cases, including car accidents or slips and falls. However, there are caps (or limits) in certain situations.
For example, in medical malpractice cases, Texas law puts a cap on non-economic damages of $250,000 per claimant against a single doctor or healthcare provider, with a total of $500,000 if multiple healthcare institutions are involved. These caps typically do not apply in general negligence cases.
It’s also important to note that Texas uses a modified comparative fault rule. If you are found to be 51% or more at fault, you may be barred from recovering any damages. If you are found 50% or less at fault, you can still recover a portion of the damages award, but the amount can be reduced by your percentage of fault. This rule applies to both economic and non-economic damages.
Why Non-Economic Damages Matter
Many injury victims assume that only things with a price tag matter in a lawsuit. But non-economic damages reflect the true impact an injury has on your life.
For example, someone who suffers from chronic pain after an accident may never be able to enjoy the activities they once loved. A child injured in a serious crash may face emotional trauma for years. These are very real losses, and the law aims to give victims a way to be compensated for them.
Including non-economic damages in your claim isn’t about seeking sympathy; it’s about seeking fairness for the life you’ve lost or the pain you now carry.
Contact Simon & O’Rourke Car Accident & Personal Injury Lawyers Today for a Free Consultation With Our Houston Personal Injury Attorneys
Non-economic damages are a key part of any serious personal injury case. While they don’t come with receipts or price tags, they can have a much bigger impact on your life than many people realize. From pain and suffering to emotional trauma, these damages deserve recognition and fair compensation.
If you’ve been hurt because of someone else’s negligent actions in Houston, don’t settle for less than what your full recovery is worth. Simon & O’Rourke Car Accident & Personal Injury Lawyers can help you understand your rights and accurately calculate your damages.
Contact us today at (281) 667-4081 to schedule your free consultation with a Houston personal injury lawyer.