After a serious accident in Austin, most people know they can get money for their medical bills and lost wages. But what about the sleepless nights? The anxiety that hits when you drive past the intersection where your accident happened? The activities you love but can’t do anymore? These losses matter too, and Texas law recognizes them as “non-economic damages.”
Non-economic damages cover the ways an injury changes your life beyond just money. They’re real, they’re valid, and they often make up the biggest part of a personal injury settlement. Understanding these damages helps you know what your case is really worth and ensures you don’t settle for less than you deserve.
What Are Non-Economic Damages?
Non-economic damages are compensation for losses that don’t have a receipt or bill attached. They’re the human side of your injury case—the pain, the fear, the lost moments with family, and the activities that once brought you joy.
Think of it this way: Economic damages are what comes out of your wallet. Non-economic damages are what comes out of your life. Both matter under Texas law, and both deserve fair compensation.
The Difference Between Economic and Non-Economic Damages
Economic damages are easy to add up:
- Medical bills from St. David’s or Seton Medical Center
- Lost wages from missing work
- Property damage to your car
- Future medical costs
- Lost earning ability
Non-economic damages are harder to calculate but just as real:
- Physical pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Disability and disfigurement
- Loss of companionship with your spouse
Both types work together to show the full impact of your injury. An experienced Austin personal injury attorney knows how to prove both kinds of damages to insurance companies and juries.
Types of Non-Economic Damages in Texas
Texas law recognizes several types of non-economic damages. Each one represents a different way your injury has affected your life.
Pain and Suffering
This is the physical pain from your injury—both what you’ve already gone through and what you’ll face in the future. It includes:
- The immediate pain from the accident
- Pain during medical treatment
- Ongoing chronic pain
- Discomfort from scarring or permanent injuries
- Physical limitations that cause daily pain
Pain and suffering isn’t just about rating your pain on a scale of 1 to 10. It’s about how that pain stops you from living your normal life. Can’t pick up your kids without wincing? That matters. Need help with basic tasks that used to be easy? That counts too.
Mental Anguish and Emotional Distress
Injuries don’t just hurt your body—they affect your mind too. Mental anguish includes:
- Depression after your accident
- Anxiety about driving or returning to normal activities
- PTSD from traumatic accidents
- Fear about your future
- Stress from financial pressures
- Sleep problems and nightmares
Many accident victims in Austin struggle with anxiety when driving on I-35 or near where their accident happened. Others face depression from being unable to work or enjoy hobbies. These mental health impacts are real medical conditions that deserve compensation.
Loss of Enjoyment of Life
Before your accident, what made you happy? Maybe it was playing softball at Zilker Park, hiking the Barton Creek Greenbelt, or dancing at Broken Spoke. When injuries take away activities you love, that’s a real loss that deserves compensation.
Loss of enjoyment covers:
- Hobbies you can’t do anymore
- Sports and physical activities you’ve given up
- Social activities you miss
- Travel plans you’ve had to cancel
- Simple pleasures like playing with kids or gardening
Physical Impairment and Disability
When your body doesn’t work like it used to, that’s physical impairment. This includes:
- Loss of strength or mobility
- Reduced range of motion
- Balance problems
- Chronic fatigue
- Need for mobility aids like wheelchairs or walkers
Even if you can still do some activities, doing them differently or with difficulty counts as impairment. Having to use handicap parking, needing help with household tasks, or taking longer to do simple things all represent real losses.
Disfigurement
Visible scars, burns, or other permanent changes to your appearance cause more than just physical issues—they affect your confidence and how others see you. Texas law recognizes that disfigurement causes:
- Self-consciousness and embarrassment
- Social anxiety
- Impact on relationships
- Career limitations in public-facing jobs
- Need for ongoing cosmetic treatments
Whether from road rash after a motorcycle accident on Highway 290 or surgical scars from injury treatment, disfigurement changes how you move through the world.
Loss of Consortium
This applies to married couples when one spouse’s injury affects their relationship. It includes:
- Loss of companionship and affection
- Changes in intimacy
- Unable to share household duties
- Impact on family activities
- Strain on the marriage
Spouses can file their own claims for loss of consortium, separate from the injured person’s claim.
How Texas Calculates Non-Economic Damages
Unlike medical bills that have exact amounts, non-economic damages don’t come with price tags. Texas courts use different methods to put a dollar value on these losses.
The Multiplier Method
The most common approach multiplies your economic damages by a number between 1.5 and 5, depending on:
- How severe your injuries are
- How long recovery takes
- Whether injuries are permanent
- Impact on your daily life
- Your age and activity level before the accident
For example, if you have $50,000 in medical bills and lost wages, and your injuries seriously affect your life, the multiplier might be 3, making non-economic damages $150,000.
The Per Diem Method
This method assigns a daily dollar amount to your pain and suffering, then multiplies by the number of days you’re affected. If your daily rate is $200 and you suffer for 300 days, that’s $60,000 in pain and suffering damages.
Courts might base the daily rate on:
- Your actual daily wages
- A reasonable amount for living with pain
- Severity of your limitations
Factors That Affect Non-Economic Damage Values
Several things influence how much you might receive:
Severity of Injuries: Broken bones that heal fully get less than permanent spinal cord injuries.
Recovery Time: Longer recovery means more compensation.
Age: Younger victims often receive more because they’ll live with effects longer.
Documentation: Good records of your pain and limitations strengthen your claim.
Impact on Life: How much your injuries change your daily routine matters.
Credibility: Being honest and consistent about your injuries helps your case.
Texas Laws Affecting Non-Economic Damages
Texas has specific rules about non-economic damages that you need to understand.
Damage Caps in Medical Malpractice Cases
For medical malpractice claims, Texas Health and Safety Code Chapter 74 limits non-economic damages:
- $250,000 per healthcare provider
- $500,000 total per incident
- These caps adjust for inflation
Regular personal injury cases from car accidents, slip and falls, or workplace injuries don’t have these caps.
Modified Comparative Fault Rule
Texas follows the 51% rule. If you’re partially at fault for your accident:
- You can still recover if you’re less than 51% at fault
- Your damages reduce by your percentage of fault
- At 51% or more fault, you get nothing
For example, if you’re 20% at fault for an accident at the Lamar and 6th Street intersection, your $100,000 in damages becomes $80,000.
Statute of Limitations
You have two years from your accident date to file a lawsuit in Texas. Missing this deadline usually means losing your right to any compensation, including non-economic damages. Don’t wait—evidence disappears and memories fade.
Proving Non-Economic Damages
Insurance companies often fight hardest against non-economic damages because they’re subjective. Here’s how to build a strong case:
Medical Documentation
Your medical records are crucial. They should show:
- Diagnosis of your injuries
- Treatment you’ve received
- Medications prescribed for pain
- Mental health treatment for emotional distress
- Referrals to specialists
- Notes about your pain levels and limitations
Regular treatment shows ongoing problems. Gaps in treatment can hurt your claim.
Pain Journals and Personal Documentation
Keep a daily journal describing:
- Your pain levels each day
- Activities you couldn’t do
- How injuries affected your mood
- Sleep problems
- Medication side effects
- Good days and bad days
Be honest—don’t exaggerate, but don’t minimize either. Real experiences are more convincing than dramatic stories.
Witness Testimony
People who know you can describe changes they’ve seen:
- Family members who see your daily struggles
- Coworkers who notice your limitations
- Friends who see you skip activities
- Neighbors who observe lifestyle changes
These witnesses make your suffering real to insurance adjusters and juries.
Expert Testimony
Professional opinions carry weight:
- Doctors explain your prognosis and future limitations
- Mental health professionals document psychological impacts
- Vocational experts describe career limitations
- Life care planners project future needs
Photo and Video Evidence
Visual evidence is powerful:
- Photos of injuries over time
- Videos showing mobility problems
- Before-and-after comparisons of activities
- Images of adaptive equipment you now need
Common Mistakes That Hurt Non-Economic Damage Claims
Avoid these errors that can reduce your compensation:
Posting on Social Media
Insurance companies check Facebook, Instagram, and TikTok. Photos of you smiling or being active get twisted to show you’re not really hurt. Even innocent posts hurt your case. Stay off social media or set everything to private.
Exaggerating Injuries
Being caught in one lie destroys your whole case. Be honest about:
- What you can and can’t do
- Good days versus bad days
- Improvements in your condition
- Pre-existing problems
Truth builds trust. Lies destroy it.
Missing Medical Appointments
Skipping doctor visits suggests you’re not really hurt. Insurance companies argue:
- You must be better if you’re not seeking treatment
- Your injuries aren’t that serious
- You’re not trying to get better
Keep all appointments, even when you don’t feel like going.
Accepting Quick Settlements
Insurance companies offer fast settlements before you know your full injuries. Once you sign, you can’t ask for more money later—even if problems get worse. Talk to an attorney before accepting any offer.
Not Following Doctor’s Orders
If your doctor says don’t lift heavy things and you’re caught moving furniture, your case suffers. Insurance companies argue you’re making injuries worse. Follow all medical advice and restrictions.
Why Non-Economic Damages Matter
Non-economic damages often exceed economic damages in serious injury cases. They recognize that life is about more than just paying bills. They compensate for:
Lost experiences: Missing your daughter’s soccer games or son’s school plays while recovering.
Changed relationships: When chronic pain makes you irritable with loved ones.
Stolen peace: The anxiety that replaced your confidence after a traumatic accident.
Future limitations: Knowing you’ll never run marathons or climb mountains again.
Daily struggles: When simple tasks like tying shoes or opening jars become challenges.
These losses matter. They change who you are and how you live. Texas law says that change deserves compensation.
How Lee, Gober & Reyna Fights for Full Compensation
We understand that your pain doesn’t come with a price tag, but that doesn’t mean it’s worthless. Our Austin personal injury attorneys have spent over 40 years helping Texas families get fair compensation for all their damages—not just the ones with receipts.
We know how insurance companies minimize non-economic damages. They’ll say you’re exaggerating. They’ll point to that one photo where you’re smiling. They’ll offer quick money that doesn’t come close to covering your real losses.
We fight back by:
- Building detailed evidence of your daily struggles
- Working with medical experts who explain your pain
- Using local examples juries understand
- Preparing you to tell your story effectively
- Never settling for less than you deserve
Most importantly, we listen. We understand that behind every case is a person whose life changed in an instant on an Austin highway or Terrell street. Your pain is real, your struggles matter, and your losses deserve fair compensation.
Frequently Asked Questions
What is considered “pain and suffering” in a personal injury claim?
Pain and suffering includes both physical pain and emotional distress from your injuries. Physical pain covers everything from the initial accident trauma to ongoing chronic pain, surgical pain, and rehabilitation discomfort. Emotional suffering includes anxiety, depression, PTSD, fear, anger, and loss of enjoyment of life. Texas law recognizes that pain affects your whole life—your sleep, your relationships, your work, and your ability to enjoy normal activities. Even if pain medication helps, the fact that you need it shows ongoing suffering that deserves compensation.
How is the value of non-economic damages calculated?
Texas courts don’t have a fixed formula, but two methods are common. The multiplier method takes your economic damages (medical bills and lost wages) and multiplies by 1.5 to 5, based on injury severity. More serious, permanent injuries get higher multipliers. The per diem method assigns a daily dollar value to your suffering, then multiplies by days affected. Factors like your age, activity level before injury, and impact on daily life all influence the final amount. Documentation quality also matters—detailed pain journals and consistent medical treatment support higher values.
Can I be compensated for emotional distress caused by my injury?
Yes, emotional distress is a recognized form of non-economic damages in Texas. This includes diagnosed conditions like depression, anxiety, and PTSD, as well as general emotional suffering. You don’t need a psychiatric diagnosis, but treatment from counselors or psychiatrists strengthens your claim. Document how the accident changed your mental state—sleep problems, fear of driving, mood changes, or medication needs. Even without mental health treatment, testimony from family and friends about personality changes can support emotional distress claims. The key is showing how the accident affected your mental wellbeing, not just your body.
Are there limits on non-economic damages in Texas?
Texas only caps non-economic damages in medical malpractice cases—$250,000 per healthcare provider, $500,000 total. Regular personal injury cases from car accidents, truck accidents, slip and falls, or workplace injuries have no caps on non-economic damages. However, if you’re partially at fault, your total damages reduce by your fault percentage. Also, punitive damages (different from non-economic damages) are capped at the greater of $200,000 or twice economic damages plus non-economic damages up to $750,000. Most personal injury cases don’t involve punitive damages unless the defendant’s conduct was especially reckless.
How do I document my pain and suffering?
Start a daily journal immediately after your accident. Write about pain levels, activities you couldn’t do, emotional struggles, and how injuries affected your day. Be specific—instead of “back hurts,” write “sharp stabbing pain when bending to tie shoes.” Take photos of injuries as they heal, mobility aids you use, and activities you miss. Keep all medical records, including notes about pain complaints. Save receipts for over-the-counter pain medications. Ask family and friends to write statements about changes they’ve observed. Consistency matters more than drama—honest, detailed documentation over time proves your suffering better than exaggerated claims.
Will pre-existing conditions affect my non-economic damages?
Pre-existing conditions don’t prevent recovery for non-economic damages, but they complicate calculations. Under the eggshell plaintiff rule, defendants take victims as they find them—if your pre-existing condition made injuries worse, they’re still liable for all damages. However, you can only recover for new injuries or worsening of existing conditions. Be honest about pre-existing problems. Medical records will reveal them anyway, and hiding them destroys credibility. Your doctor can explain what’s new versus pre-existing. The key is showing how the accident made things worse or caused new problems beyond what you already dealt with.
Taking Action for Your Non-Economic Damages
Your pain is real. Your emotional struggles matter. The activities you’ve lost and the person you were before your accident—these losses deserve recognition and compensation. While money can’t erase what happened on that Austin highway or Terrell intersection, it can help you rebuild your life and find a new normal.
Insurance companies want you to think non-economic damages are just “bonus money” or that your suffering isn’t worth much. They’re wrong. Under Texas law, your pain, your emotional distress, and your lost enjoyment of life have real value. Don’t let anyone tell you otherwise.
At Lee, Gober & Reyna, we’ve spent over 40 years proving the true value of our clients’ non-economic damages. We know how to show insurance companies and juries that your losses go far beyond medical bills. We understand because we’ve helped thousands of Texas families through similar struggles.
Don’t settle for less than you deserve. Contact us today for a free consultation about your case. We’ll evaluate all your damages—economic and non-economic—and fight for every penny you’re owed. Remember, we only get paid when you win. You have nothing to lose and everything to gain by understanding the true value of your case.
Contact Lee, Gober & Reyna:
- Austin Office: 11940 Jollyville Rd Suite 220-S, Austin, TX 78759
- Terrell Office: 313 W Moore Ave, Terrell, TX 75160
- Free Consultation: No fee unless we win
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