What Are
Non-Economic
Damages?

A serious injury can affect much more than a person’s finances. Medical bills and lost income may be easy to document, but pain, emotional distress, and changes to daily life do not come with receipts. Non-economic damages provide compensation for these personal consequences.

An injured person may seek non-economic damages as part of a personal injury claim when another party’s negligence or wrongful conduct caused the harm. The amount available depends on the facts of the case and how deeply the injury has affected the person’s life.

What Is the Difference Between Economic and Non-Economic Damages?

Economic damages compensate an injured person for measurable financial losses. These damages may include medical expenses, lost wages, reduced earning ability, property damage, and other out-of-pocket costs.

Non-economic damages address losses that are real but do not have a fixed dollar value. They focus on the physical, emotional, and personal effects of an injury rather than its direct financial cost.

For example, a person injured in a car accident may receive economic damages for surgery and missed work. That person may also pursue non-economic damages for ongoing pain, anxiety while driving, or the inability to take part in favorite activities.

What Losses Can Non-Economic Damages Cover?

The losses included in a non-economic damages claim vary depending on the nature and severity of the injury. 

Common examples include:

• Physical pain and suffering
• Emotional distress
• Mental anguish
• Loss of enjoyment of life
• Disability or physical limitations
• Scarring and disfigurement
• Inconvenience
• Loss of companionship or consortium

These losses often overlap. A permanent injury, for example, may cause physical pain, limit mobility, affect relationships, and prevent the person from enjoying hobbies. A claim should account for the full effect of the injury rather than viewing each consequence in isolation.

What Is Pain and Suffering?

Pain and suffering is one of the most common forms of non-economic damages. Physical pain may include discomfort experienced immediately after an accident as well as chronic pain that continues during recovery or becomes permanent.

The suffering portion may include fear, frustration, embarrassment, anxiety, depression, or loss of independence. A person recovering from a traumatic injury might struggle with sleep, feel nervous in public, or need help completing tasks that were once routine.

The seriousness of these effects depends on the individual. Two people with similar physical injuries may experience very different levels of pain, emotional distress, and disruption to their lives.

What Is Loss of Enjoyment of Life?

Loss of enjoyment of life refers to an injury’s effect on a person’s ability to participate in meaningful activities. These activities may include exercise, travel, hobbies, social events, parenting, or spending time with family.

A person does not need to lose the ability to perform every activity to experience this type of harm. A knee injury that makes hiking painful or a brain injury that causes sensitivity to noise may significantly reduce that person’s quality of life.

Evidence showing what the injured person enjoyed before the accident and what has changed afterward can help explain this loss.

How Are Non-Economic Damages Calculated?

There is no bill or standard price list for pain, emotional distress, or loss of enjoyment. 

Insurance companies, lawyers, judges, and juries may consider several factors when evaluating non-economic damages, including:

• The type and severity of the injury
• The length of the recovery period
• Whether the condition is permanent
• The amount of physical pain involved
• The need for surgery or ongoing treatment
• The person’s age and health
• The effect on work, relationships, and daily activities
• The strength of the supporting evidence

A severe or permanent injury will often support a larger claim than an injury that heals fully within a short time. However, every claim must be evaluated individually.

What Evidence Can Support a Claim for Non-Economic Damages?

Because non-economic losses are subjective, detailed evidence can help show how the injury has affected the person’s life. For example, medical records may document pain levels, physical restrictions, emotional symptoms, and the expected recovery period.

Other useful evidence may include:

• Photographs of injuries, scars, or medical treatment
• Notes describing pain and daily limitations
• Mental health or counseling records
• Statements from family members, friends, or coworkers
• Testimony from doctors or other qualified professionals
• Evidence of activities the person can no longer perform

Consistent medical treatment can also strengthen a claim. Gaps in care may allow an insurance company to argue that the injury was not serious or that the person recovered sooner than claimed.

Is There a Deadline for Seeking Non-Economic Damages?

Washington generally gives an injured person three years to bring an action for injury to the person. Different deadlines or notice requirements may apply in certain cases, including claims involving government entities or medical negligence.

Missing the applicable deadline may prevent a person from recovering any damages. It is important to investigate a potential claim early, while evidence remains available and witnesses can still recall what happened.

Contact the Yakima Personal Injury Lawyers at Montoya Hinckley Injury Lawyers for a Free Consultation

Non-economic damages can be a major part of a personal injury claim when an accident causes lasting pain, emotional distress, or changes to a person’s quality of life. Determining their value requires careful consideration of the injury and its effect on everyday activities.

For more information, contact an experienced personal injury lawyer at (509) 895-7373 Montoya Hinckley Injury Lawyers for a free consultation.