Generally, what does a car crash take from you? Beyond the stacked bills to pay and the damage to your automobile, the hardest losses you suffer cannot always be quantifiable. Like the continued fear you feel while driving again or the pain that drags you through those sleepless evenings.
The law calls these “non-economic damages.” They don’t come with receipts, but they can change your life just as much as a hospital bill. If you’re sorting through the aftermath of a wreck and trying to find legal help after a serious car accident, it’s important to understand what these damages are and how they work.
In this article, we will outline the main types of non-economic damages you can pursue after a car crash, how the law defines them, and why they are important. At the end of this article, you will have a better understanding of what losses you may have a right to pursue, not just to eliminate costs, but to recognize what you have really lost.
What Non-Economic Damages Can You Seek After a Car Wreck?
Pain and Suffering
This is the most common type of non-economic damage. It covers the physical pain you deal with after a crash—whether that’s short-term injuries like broken bones or long-term conditions like nerve damage. Pain and suffering also include the frustration of not being able to live as you did before.
Courts often weigh factors such as
- The severity of the injury.
- How long is recovery expected to take?
- Whether the pain is permanent.
For example, someone who lives with daily migraines after a collision may receive higher compensation than someone who healed from a sprain within weeks.
Emotional Distress
Car crashes don’t only leave bruises. They can trigger lasting fear, anxiety, or depression. In severe cases, post-traumatic stress disorder (PTSD) develops. You may relive the crash every time you get behind the wheel.
U.S. courts have recognized emotional distress claims under tort law for decades. Many states refer to the Restatement (Second) of Torts 46, which outlines liability for “severe emotional distress.” To support a claim, medical records or therapist notes often play a role.
Loss of Enjoyment of Life
Think about the activities that bring joy—hiking, playing basketball, and gardening. If an injury makes those impossible, you may claim “loss of enjoyment of life.” This is distinct from pain and suffering because it focuses on what you miss out on, not just what you feel physically.
For example:
- A guitar player who loses mobility in a hand.
- A parent is unable to join the kids at the park.
- A runner is sidelined from marathons.
Loss of Consortium
“Consortium” refers to the benefits of a family relationship. After a serious injury, a spouse may lose companionship, affection, or intimacy, and children may lose guidance and care.
Many states allow spouses to file these claims alongside the injured person. Under California Civil Code 1431.2, for instance, noneconomic damages include “loss of consortium” as recoverable harm.
Disfigurement and Scarring
Visible scars or disfigurement bring both physical and emotional costs. A facial scar may affect self-esteem. A burn injury may lead to social withdrawal. Courts often consider age, profession, and the visibility of scars when deciding the award.
This category is especially important in industries where appearance matters, such as modeling, acting, or customer-facing work.
Wrongful Death Non-Economic Damages
If a crash causes death, surviving family members may claim non-economic damages. These can include:
- Loss of companionship
- Emotional suffering of survivors
- Loss of guidance for children
Many states cap wrongful death damages. For example, Texas Civil Practice and Remedies Code 71.010 limits certain non-economic damages in wrongful death suits, especially in medical cases linked to crashes.
Proving Non-Economic Damages
Unlike medical bills or pay stubs, these damages don’t come with receipts. That makes evidence key. Common proof includes:
- Testimony from doctors and therapists.
- Journals tracking pain or daily struggles.
- Witness accounts from family or coworkers.
Courts may also use multipliers. For example, if your medical bills total $50,000, the jury may award two or three times that amount for pain and suffering.
Key Takeaways
- Non-economic damages cover invisible injuries, such as mental strain, family losses, and the loss of daily life.
- They matter because they acknowledge the full cost of a crash, not just the numbers on paper.
- Pain and suffering are the most common types of non-economic damage.
- Emotional distress, such as PTSD, can cause lifelong damage to an individual.
- One can face loss of enjoyment of life, such as playing football or running in a marathon, because of a car accident.
- Wrongful death is also one of the most common non-economic damages you can claim.
