When someone suffers a personal injury in Texas, the visible costs, such as hospital bills and lost wages, are only one part of the story. Equally real but harder to see are the emotional, physical, and lifestyle losses that follow. These losses fall under what the law refers to as non-economic damages.
This article explains what non‑economic damages are, how they work in Texas, what kinds of losses they cover, how they’re proven, and what steps an injured person can take. As you read, you’ll find clear explanations and practical tips, written at a level any ninth grader can understand.
What are Non‑Economic Damages?
Non-economic damages are compensation for losses that do not have a straightforward monetary value attached. Unlike medical bills or lost income, you cannot simply add up receipts or pay stubs. Instead, these damages cover things like pain, emotional distress, and loss of enjoyment of life.
In Texas, the law defines non‑economic damages to include losses such as physical pain and suffering, mental or emotional anguish, disfigurement, physical impairment, loss of companionship or society, inconvenience, and loss of enjoyment of life.
These damages exist because a serious injury often changes more than just someone’s bank account. It changes how they live, how they feel, and how they engage with the world.
Why Do Non‑Economic Damages Matter?
When someone is hurt because of another’s fault, the law seeks to make them “whole,” or as close as possible to where they were before the injury.
Economic damages address what you can easily calculate: medical care, lost wages, and property damage. But an injured person also loses things like the ability to play sports, enjoy time with family, or sleep without pain. That’s where non‑economic damages come in. Without them, an injured person might receive compensation for their bills, yet still live a diminished life.
Non‑economic damages recognize that the injury’s impact goes beyond dollars and cents. They matter because they reflect the full scope of harm an injury causes.
Common Types of Non‑Economic Damages in Texas
Here is a look at some of the common types of non‑economic losses people in Texas can claim:
Physical Pain and Suffering
This encompasses the actual pain the person experiences, both immediately after the injury and potentially in the future. It also covers suffering from treatments, surgeries, and the recovery process. The longer or more intense the pain, or the longer the recovery period, the greater the potential for compensation.
Emotional and Mental Distress
Injuries can cause anxiety, depression, fear of going back to work, nightmares, or post‑traumatic stress. These are real losses. If an injury disrupts your mental peace, you may have a claim for emotional distress.
Loss of Enjoyment of Life
If you used to enjoy hobbies, sports, travelling, and socializing, and your injury took that away, you can seek compensation for that loss. It’s about the ability to live life the way you did before.
Loss of Consortium, Companionship or Society
When an injury affects your relationships, whether with a spouse, children, or family members, the law may provide for compensation. For example, when a spouse loses companionship or assistance due to the injury, that is a non-economic loss.
Disfigurement or Physical Impairment
If you suffer scarring, loss of function, or a lasting disability, those changes affect your quality of life and may qualify for non‑economic damages.
Each of these categories illustrates how non-economic damages cover what cannot be quantified simply by adding numbers. The proof may come from witness testimony, medical and psychological reports, and the impact of the injury on someone’s life.
How Non‑Economic Damages Work in Texas
One of the challenges is that non-economic damages are more difficult to quantify than bills or paychecks. Texas law does not prescribe a simple formula like “medical bills times a multiplier always equals this amount.” Instead, the fact‑finder (jury or judge) considers the severity of the injuries, the effect on daily life, future consequences, and credibility of the evidence.
Comparative Fault
Texas follows a modified comparative negligence rule. If you share fault for the accident, your total damages may be reduced by your percentage of fault. If you are more than 50% at fault, you generally cannot recover. This means the stronger your case and the lower your fault, the better your chances of recovering full non‑economic damages.
Evidence Matters
Since non‑economic losses don’t come with invoices, proof is critical. Evidence may include medical records, witness statements, photographs, daily life logs, psychological evaluations, and testimony about how the injury has changed one’s life. The better the evidence, the better the chances of recovering fair non‑economic compensation.
Contact Our Dallas Personal Injury Lawyers for a Free Consultation
If you are dealing with the fallout from an injury, pain, changes in your daily life, or emotional distress, you don’t have to face this alone. Knowing what non‑economic damages are and how to claim them puts you in a stronger position.
Seek experienced help and act early to protect your rights. By doing so, you ensure that your full story is heard and your full losses are considered. Contact our Dallas personal injury lawyers at (214) 831-4414 at Nash Law Personal Injury Lawyers for a free consultation.
