What Are Non-Economic Damages?
Non-economic damages compensate you for the personal, human cost of an injury. Texas defines them as damages for physical pain and suffering, mental or emotional pain or anguish, loss of consortium, disfigurement, physical impairment, loss of companionship and society, and similar non-pecuniary losses (CPRC §41.001(12)).
They are separate from economic damages, which repay bills and lost income. In serious injury cases, the non-economic part of a claim is often the largest.
Types of Non-Economic Damages in Texas
Texas juries are usually asked about each category separately, past and future:
- Physical pain: the pain of the injury, surgery, and recovery
- Mental anguish: fear, anxiety, depression, grief, and sleep loss caused by the injury
- Physical impairment: losing the ability to do things you used to do, often discussed as quality of life
- Disfigurement: scars, burns, amputation, or other visible changes
- Loss of consortium: harm to a marriage or a parent-child relationship, claimed by the family member
How Juries Value Non-Economic Damages
No formula applies. The jury decides a fair amount based on the evidence, and Texas courts require that the award be supported by proof of the actual pain or anguish. Insurers often use their own methods, which are explained on our page on how pain and suffering is calculated.
Things that tend to matter:
- How severe and how long-lasting the injury is
- Whether you face permanent limits or scarring
- How the injury changed work, family life, and hobbies
- Consistent medical treatment that documents your symptoms
Limits on Non-Economic Damages
Most Texas injury claims have no cap on non-economic damages. Medical malpractice claims are capped under Chapter 74, and government claims are limited by the Tort Claims Act. Your award is also reduced by any percentage of fault assigned to you under Chapter 33. A free case review can help you understand what your non-economic losses may include.
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Frequently Asked Questions
What is the difference between economic and non-economic damages in Texas?
Economic damages repay money losses you can document, such as medical bills and lost wages. Non-economic damages compensate for harm without a price tag, such as pain, mental anguish, scarring, and lost enjoyment of life. Both are actual damages, both are reduced by any fault assigned to you, and a jury can award both in the same case.
What are non-pecuniary damages?
Non-pecuniary damages are losses that are not financial. The term is used in many courts and textbooks and means essentially the same as non-economic damages. In a Texas injury claim, it covers physical pain, mental anguish, physical impairment, disfigurement, and loss of companionship or consortium.
Are non-economic damages capped in Texas?
Not in most personal injury cases. Health care liability claims are the main exception, where Chapter 74 limits non-economic damages. Claims against government units are limited by the Texas Tort Claims Act. In a car crash, fall, or truck case against a private party, a jury can award what the evidence supports.
How do you prove non-economic damages?
Through medical records that show the injury and treatment, your own testimony, and testimony from family, friends, and coworkers who see the change in your daily life. Journals, photos of injuries and scars, and counseling records also help. The more specific the evidence, the more weight a jury can give it.
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