Were you seriously injured in Texas? Beyond medical bills and lost wages, you may be entitled to compensation for intangible losses. This article explains non-economic damages under Texas personal injury law in clear and simple language.
What Are Non‑Economic Damages?
When someone suffers an injury because of another person’s negligence, the law allows compensation for more than just out‑of‑pocket costs. Non-economic damages address the intangible losses associated with an injury.
These losses are not easily measurable in dollars but have a profound impact on a victim’s life. Examples include pain and suffering, emotional distress, anxiety, depression, loss of enjoyment of life, loss of companionship, and inconvenience.
Unlike economic damages, which reimburse you for specific expenses like medical bills and lost income, non‑economic damages seek to make you whole for the human cost of your injury.
How Do Non‑Economic Damages Differ from Economic Damages?
Economic damages cover the financial losses you can calculate objectively. They include medical expenses, therapy costs, prescription medications, lost wages, future earning capacity, and property damage. Non‑economic damages, on the other hand, compensate for the intangible harm that cannot be added up with receipts.
Pain and suffering encompass the physical discomfort and emotional anguish experienced after an injury. Loss of enjoyment of life refers to the inability to participate in hobbies or activities you once loved. Loss of consortium compensates a spouse or close family member for the loss of companionship and support.
Types of Non‑Economic Damages Recognized in Texas
Texas law recognizes several categories of non‑economic damages, including:
- Physical pain and suffering: The actual discomfort and pain you experience because of your injuries.
- Mental anguish: Anxiety, depression, fear, anger, and other emotional distress resulting from the injury.
- Loss of enjoyment of life: The inability to engage in activities and hobbies that once brought joy.
- Loss of companionship or consortium: The impact on relationships with spouses, partners, or family members.
- Disfigurement and physical impairment: Visible scars, amputations, or limitations that affect your appearance and bodily functions.
These damages acknowledge that an injury affects more than just your bank account. They aim to compensate you for the invisible wounds left behind.
How Are Non‑Economic Damages Calculated?
There is no fixed formula for calculating non‑economic damages. Juries and insurance adjusters consider many factors, such as the severity of your injuries, the length of your recovery, whether you will experience chronic pain, and how your injuries affect your daily life.
Evidence such as medical records, therapy notes, photographs, personal journals, and testimony from friends or family can help illustrate the extent of your suffering. In some cases, expert witnesses such as psychologists or pain specialists may testify to explain the emotional impact of the injuries.
Texas generally uses a “reasonable person” standard to evaluate these damages. Jurors are asked to decide what a reasonable person in the victim’s situation would consider fair compensation for their pain and suffering. Because this process is subjective, having a skilled attorney who can present compelling evidence and argue persuasively is vital.
Proving Non‑Economic Damages
Because these damages are intangible, proving them requires strong evidence.
Keeping a journal detailing your pain levels, mood, and daily struggles can be powerful. Testimony from friends and family who have observed changes in your behavior can also help. Photographs showing your injuries and their impact on your daily life are persuasive.
Professional evaluations from therapists, counselors, or medical providers can provide objective evidence of mental and emotional harm.
Are There Caps on Non‑Economic Damages in Texas?
Generally, Texas does not cap non‑economic damages in personal injury cases. However, there are important exceptions.
Medical malpractice cases have caps on non‑economic damages. For claims against individual healthcare providers, non‑economic damages are capped at $250,000 per claimant. For claims against healthcare facilities, the cap is $500,000. These caps apply regardless of the number of providers or facilities involved.
In other types of personal injury cases—such as car accidents, truck accidents, slip‑and‑fall incidents, or defective products—there is typically no cap on non‑economic damages. The jury can award any amount it deems fair based on the evidence.
There is also a cap on punitive damages, which are separate from compensatory (economic and non-economic) damages. Punitive damages are limited to $200,000 or twice the amount of economic damages plus an amount equal to non‑economic damages up to $750,000, whichever is greater.
Contact Our Houston Personal Injury Lawyers at Omar Khawaja Personal Injury Lawyers for a Free Consultation
Suffering a serious injury is life‑changing. While economic damages reimburse you for financial losses, non‑economic damages acknowledge the profound personal impact of an accident. In Texas, you can recover compensation for pain and suffering, mental anguish, loss of enjoyment of life, loss of consortium, and other intangible harms.
Working with an experienced Houston personal injury attorney will help you pursue the full compensation you deserve. Call Omar Khawaja Personal Injury Lawyers at (281) 888-2339 to schedule a free consultation today.