What are non-economic damages?
Non-economic damages are money for the harm an injury does that has no bill attached: physical pain, anxiety, sleepless nights, scarring, a damaged marriage, or no longer enjoying things you used to do. California defines them as subjective, non-monetary losses such as pain, suffering and emotional distress. They are often called general damages.
Last checked November 9, 2026 · Official sources (4)
What do non-economic damages look like? An example
Example: a dog bite leaves a 30-year-old with a scar across her cheek. Her plastic surgery bills of $12,000 are economic damages. What is non-economic: the weeks of pain, the panic she now feels near dogs, and the scar people notice at work. A claim might put a figure like $25,000 on those, but there is no formula; the number is argued from her story, photos and records. These figures are only an illustration.
Why do non-economic damages matter?
For many people they are the largest part of a claim, and also the easiest for an insurer to discount, because there is no bill to check. What helps: a doctor's notes that mention pain, a short journal, photos over time, and people who can say how your life changed.
Texas lists what the term covers: physical pain and suffering, mental or emotional pain or anguish, loss of consortium, disfigurement and physical impairment.
Are non-economic damages capped in Texas and Arizona?
| State | Rule |
|---|---|
| Arizona | The amount recovered for injuries is not subject to any statutory limitation. |
| Texas | No general cap in ordinary injury cases. In health care liability claims, non-economic damages against physicians and most providers are capped at $250,000 per claimant. |
Other states set their own limits, often only for medical malpractice. Check your state's rule before you rely on a number you read online.
Non-economic damages vs. pain and suffering
Pain and suffering is one kind of non-economic damage. The wider term also takes in emotional distress, disfigurement, physical impairment and loss of consortium, the harm to a spouse's or family member's relationship with you.
You will also hear "general damages" for the same idea and "special damages" for the economic side. The labels change from state to state and from one insurer's letter to the next, so ask what a word covers if an offer letter uses it without explaining.
Questions
How are non-economic damages calculated?
There is no set formula in the law. Juries and adjusters weigh how bad the injury was, how long it lasts and how it changed daily life.
Is emotional distress a non-economic damage?
Yes. California's definition lists emotional distress and mental suffering.
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See if I’m owed moneySources (4)
- Cal. Civ. Code § 1431.2(b)(2), checked 2026-11-09. “"non-economic damages" means subjective, non-monetary losses including, but not limited to, pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium”
- Ariz. Const. art. 18, § 6, checked 2026-11-09. “The right of action to recover damages for injuries shall never be abrogated, and the amount recovered shall not be subject to any statutory limitation”
- Tex. Civ. Prac. & Rem. Code § 74.301, checked 2026-11-09. “shall be limited to an amount not to exceed $250,000 for each claimant”
- Tex. Civ. Prac. & Rem. Code § 41.001(12), checked 2026-11-09. “damages awarded for the purpose of compensating a claimant for physical pain and suffering, mental or emotional pain or anguish, loss of consortium, disfigurement, physical impairment”