Non-economic damages relate to the personal harm caused by an injury. There may be no receipt that shows what this harm is worth. Pain is one example. So are emotional distress, scarring, and losing the ability to enjoy activities you once did. These losses are different from medical bills or lost wages because they do not have a set dollar amount. A claim’s value depends on the facts of the injury and the law that applies to the case.
Quick Answer
Non-economic damages compensate injury victims for losses that have no receipt or fixed price, such as pain and suffering, emotional distress, scarring, disfigurement, loss of enjoyment of life, and loss of consortium.
In California, there is generally no cap on these damages, except in medical malpractice cases. Their value depends on the injury’s severity, recovery time, and how much it changed your daily life.
What Are Non-Economic Damages
Some losses are easy to count after an accident. A hospital bill has a price. Lost wages can be shown through pay records. Car repairs come with an estimate. Pain does not work that way. You may have trouble sleeping after an injury. You may stop going to the gym. A long drive may become difficult. You may feel nervous every time you get behind the wheel.
You might also need assistance with matters that used to be managed by yourself. Dressing up may take more time than usual. Housework can prove to be hard to manage. You might avoid seeing your friends since you will not feel comfortable leaving your house. Such consequences can fall under the category of non-economic damages claims. It depends on the case and jurisdiction where you live.
Examples of Non-Economic Damages
An injury can affect more than your body. It can change your routine too.
Common examples include:
- Pain and suffering: This is the name given to the physical pain caused by the injury.
- Emotional distress: Some people suffer from fear, anxiety, frustration or insomnia following the accident.
- Loss of enjoyment of life: Activities you used to like prior to your injury now have to be avoided.
- Loss of consortium: In some states, a spouse or other qualifying family member may have a claim when an injury affects the relationship. The rules vary by state.
- Disfigurement or physical impairment: This refers to a major scar or inability to move.
- Changes in daily life: Simple tasks may become harder. You may need help with cooking, shopping or taking care of your home.
These examples do not apply to every case. State law can change what a person may recover.
How Is the Value of Non-Economic Damages Determined?
There is no price tag for pain. There is no standard amount for emotional distress either. The details of the injury matter. So does the effect on your life.
How Serious Was the Injury?
A small injury may heal within weeks. A serious injury may take much longer. Some injuries require surgery. Others need months of therapy. Some leave permanent scars or movement problems. The length of your recovery can matter. So can the treatment you need.
A fracture that heals well may have an impact on your life only temporarily. An injury that is permanent may cause difficulties for many years to come. The diagnosis is only part of the picture. The effect of the injury on your daily life can also matter when damages are evaluated.
What Changed in Your Daily Life?
Think about what you did before the injury. Maybe you went running every morning. Maybe you drove to work. Maybe you handled most of the work around your home. Then something changed. You may still be able to do some of these things. You may need more time. You may need help. You may have stopped doing some of them completely.
It may be hard for a parent to lift a child. It may be difficult for a lover of cooking to stand for a prolonged period of time. A sports fan may no longer be capable of participating in sports. This information will indicate what impact the injury had on your life. Take notes while you recover. These should not be extensive. A few sentences should suffice.
What Do Your Medical Records Show?
Medical records can show the treatment you received. They may also illustrate your symptoms and progression. Medical records from physical therapy may indicate any movement issues. Further appointments may reveal ongoing pain.
Your doctor may also document restrictions. This may involve activities such as carrying, walking, etc. Images will assist you in showing your visible injuries. It will include your bruises, swelling, scarring, etc. Organize your documents. Keep your images together with the documents.
What Can Other People Notice?
You are the person dealing with the injury. You can explain what changed. People around you may have noticed changes too. Sometimes, your spouse may be aware of the assistance that you require within your house. Sometimes, your friends may know that you stopped going out due to your injury. Sometimes, your coworkers may be aware of the activities that you find difficult now.
Members of your family may notice changes in your mood and behavior. They may observe the avoidance of your previously enjoyable activities. This information will provide them with insights into your experience following your injury.
What Does the Law Allow?
The law depends on where your case is filed. Some states place limits on non-economic damages. Those limits may apply only to certain types of cases. Medical malpractice claims can have different rules. Claims against government agencies can have special requirements too.
The type of defendant matters. So does the type of injury. Some claims may also have special rules for family-related damages. The details depend on state law. Your attorney can explain the rules that apply to your case.
What Evidence Can Help Show Non-Economic Harm?
Start with your medical records. They show what happened during treatment. Your own notes can fill in other details. It may be possible that you now have problems sleeping. It may be possible that you abandoned some hobby of yours. Also note those activities which require assistance from others while in the past you did them yourself.
You can also observe any changes in your daily routine. Record those activities that you were unable to do because of pain. Record those days during which you were confined to your home because of pain. Also, note when you needed assistance from other people. Photographs are also a very good source. It will be more helpful if the date goes with your photograph.
Sometimes your relatives and friends have observed these changes. Sometimes, they have had to assist you with your household chores due to your physical problems. Sometimes they have noted that you have been unable to participate in some activities. Remember these observations while discussing your case with your lawyer.
Work records may also help in some cases. They can show how the injury has affected your normal functioning capacity. Your personal calendars or messages reflecting your difficulties can prove helpful. Expert witnesses are sometimes required to prove your losses. An expert may explain the injury or expected recovery. Whether this is needed depends on the facts of the case.
Conclusion
Some of the most significant losses after an injury never appear on a bill. As this guide explains, non-economic damages cover that harm: the pain, emotional strain, scarring, and lost enjoyment that follow an accident, along with the toll it can take on your marriage. California generally does not cap these damages unless the case involves medical malpractice. Uninsured drivers, comparative fault, and filing deadlines can all affect what you recover. Because there is no formula for valuing this kind of harm, your case depends on showing how your life changed. Your medical records, photos, personal notes, and the observations of people close to you are what tell that story. Golden State Lawyers helps injured people in San Jose build that evidence and pursue the full value of their claims.