What non-economic damages are
Non-economic damages (sometimes called general damages) compensate for losses that are real but not billed: physical pain, emotional distress, and the effect an injury has on the ordinary enjoyment of life. Unlike medical bills or lost wages, there is no receipt that sets their amount. When a case goes to trial, the jury typically decides a figure based on the evidence and the instructions given by the judge. In settlement negotiations, the parties form their own views of what a jury might do.
Common categories
- Physical pain and suffering — pain from the injury and its treatment, past and expected.
- Mental or emotional distress — anxiety, fear, sleep problems or similar effects linked to the injury.
- Loss of enjoyment of life — inability to take part in activities that mattered to the person, such as sports, hobbies or caring for family. Some states treat this as part of pain and suffering; others allow it as a separate item.
- Disfigurement or physical impairment — scarring or lasting limitations.
- Loss of consortium — in many states, a spouse (and sometimes other family members) may claim for the effect of the injury on the relationship. It is usually a separate claim by that family member.
The labels and whether each is a separate item vary by state, so the same harm may be described differently in different jurisdictions.
What evidence supports them
Because non-economic harm cannot be shown with a bill, it is supported with evidence that makes the experience concrete and credible:
- Medical records describing pain levels, restrictions, and the course of treatment.
- Consistent, honest statements from the injured person about daily limitations.
- A dated recovery journal recording pain, sleep and missed activities (see the Evidence Checklist).
- Statements from family, friends or co-workers who saw the change.
- Photos of visible injuries over time, or records of counseling where relevant.
Severity, duration and permanence generally matter: a sprain that heals in weeks is usually viewed very differently from a permanent impairment. But there is no published table converting injury types into dollar amounts, and claims that suggest otherwise should be treated with caution.
Statutory caps in some cases
Some states limit non-economic damages by statute, most often in medical negligence cases, and some limit them in claims against government entities. California, for example, has a statutory limit on non-economic damages in actions against health care providers based on professional negligence (California Civil Code § 3333.2). Caps differ widely by state and by type of claim, change through legislation and court decisions, and do not apply to most ordinary car accident or premises claims. Check the current law for the relevant state before relying on any cap figure.
Multipliers and per-diem figures are shorthand, not rules
People often describe non-economic damages as “a multiple of the medical bills” or “a dollar amount per day”. These are negotiation framings, not legal formulas, and courts do not require them. Some jurisdictions restrict lawyers from suggesting per-diem figures to juries. Our pain and suffering guide explains why these methods can mislead when presented as precise.
Two people each have $5,000 in medical bills. One recovers fully in six weeks with minimal disruption. The other has the same initial bills but develops chronic pain that ends a years-long hobby and disrupts sleep for months, documented in medical notes and a journal. A simple multiplier applied to the bills would treat them identically, while a person evaluating the actual evidence would likely not.
How ClaimSettleIQ handles non-economic damages
Our Settlement Estimator leaves non-economic damages out by default. If you choose to include them, you must pick the method and the numbers yourself, and the result labels them as your assumption. We do this deliberately: we do not have — and do not believe anyone publicly has — data that reliably converts an individual’s circumstances into a non-economic figure.
Sources and references
- Legal Information Institute (Cornell Law School): “Damages” (opens in a new tab) — general definitions of compensatory damages
- Legal Information Institute: “Pain and suffering” (opens in a new tab) — definition of pain and suffering as a category of damages
- California Civil Code § 3333.2 (California Legislative Information) (opens in a new tab) — California’s statutory limit on non-economic damages in professional negligence actions against health care providers