Glossary
Non-economic damages
Losses without a price tag, such as pain, suffering, emotional distress and loss of enjoyment of life.
General information, not legal advice. Talk to a licensed attorney in your state.
Quick answer
Non-economic damages are losses without a price tag, such as pain, suffering, emotional distress and loss of enjoyment of life. They sit alongside Economic damages. Losses with a receipt or a paycheck behind them: medical bills, lost wages, repairs and other out-of-pocket costs. Glossary, which have a bill or a pay stub behind them.
In a car accident claim#
State law defines what counts. Texas, for example, includes physical pain and suffering, mental or emotional pain or anguish, loss of consortium, disfigurement, physical impairment, loss of companionship and society, inconvenience, loss of enjoyment of life and injury to reputation. There is no formula for the amount. California's jury instruction puts it plainly: No fixed standard exists for deciding the amount of these noneconomic damages. Evidence usually comes from medical records, a daily journal of pain and limits, and testimony from family and friends about life before and after the crash.
Some rules limit these damages. In the 12 no-fault states, a lawsuit for pain and suffering is generally allowed only if the injury passes a Serious injury threshold. A rule in some no-fault states that lets you sue the at-fault driver for pain and suffering only if your injury meets a legal definition of serious, or a dollar level of medical bills. Glossary. In California, an injured person who owned an uninsured vehicle in the crash, or drove without proof of insurance, generally cannot recover non-economic damages such as pain and suffering. Some states also cap them in certain kinds of cases. Our guides to pain and suffering and types of damages explain how they are argued and valued.
Example#
Related terms#
Questions people ask
How are non-economic damages calculated?
There is no fixed formula. A jury, or the two sides in a negotiation, weighs the evidence of how the injury changed your life, including how serious it was, how long it lasted and whether it is permanent.
Is pain and suffering the same as non-economic damages?
Pain and suffering is the best-known kind. Non-economic damages also include emotional distress, loss of enjoyment of life, disfigurement and, for a spouse, loss of consortium.
Sources
- Texas Legislature, Civil Practice and Remedies Code § 41.001 — definition of noneconomic damages
- Judicial Council of California, Civil Jury Instructions (CACI), No. 3905A — no fixed standard for the amount
- Insurance Information Institute, Background on: No-fault auto insurance — as of October 2026
- California Secretary of State, Proposition 213 (1996) text adding Civil Code § 3333.4 — as of October 2026
Last reviewed October 29, 2026 by the Accident Claim Facts editorial team. Found an error? Tell us.
Keep reading
- GlossaryGlossaryShort, plain-English definitions of the legal and insurance terms that come up after a crash, each with an example, related terms and the sources behind it.
- Money and compensationPain and sufferingPain and suffering covers the physical and emotional harm of an injury. No official formula sets the amount; it is proven with records and testimony, and some…
- Money and compensationTypes of damagesCar accident damages fall into three groups: economic losses with a bill or paycheck behind them, non-economic harm such as pain, and rare punitive damages…
- Injury typesWhiplashWhiplash is a soft-tissue injury of the neck, most often from rear-end crashes. How it is documented, and why insurers look hard at these claims.
- GlossaryNotice of claimA written notice that must be sent to a city, county or state agency before you can sue it, often within a few months.
- GlossaryPersonal injury protectionCoverage under your own policy that pays medical bills and some lost income after a crash, whoever caused it.