When you’re hurt in an accident, it’s natural to focus first on financial tolls such as medical bills, missed paychecks, and therapy costs. Those are called economic damages because they have a clear price tag. But what about the deep, personal suffering you endure: pain, emotional distress, and activities you can no longer enjoy?
Texas law allows injured people to receive compensation for something called non-economic damages, which includes pain and suffering, mental anguish, and loss of enjoyment of life.
At Crosley Law, we’ve helped hundreds of clients recover not just for their financial losses, but for the true cost an injury inflicts on their lives. Here’s what you need to know if you’re considering a personal injury claim involving pain and suffering, emotional distress, or other non-economic damages.
What are non-economic damages?
Non-economic damages (sometimes called “soft damages”) cover the real, human losses that don’t show up on a receipt or hospital bill. Examples of non-economic damages include:
- Physical pain and suffering: The immediate and ongoing pain you experience after the injury.
- Mental anguish: Emotional trauma like anxiety, depression, fear, and grief.
- Loss of enjoyment of life: An inability to enjoy hobbies, sports, travel, or other activities you once loved, whether due to physical or emotional trauma.
- Loss of consortium and companionship: The strain or loss of meaningful relationships with your spouse, children, or close family.
- Disfigurement and physical impairment: The lasting effects of scars, amputations, paralysis, or other physical limitations.
These and other examples of non-economic damages often strike at the heart of a personal injury case because they affect many of the elements that make life meaningful for so many people.
Unlike some states, Texas generally does not cap non-economic damages in most personal injury cases (although exceptions exist for medical malpractice). That gives juries the freedom to award compensation that truly reflects the harm you’ve endured.
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Why non-economic damages matter so much
Economic damages can cover your hospital bills and missed paychecks. However, they often don’t tell the whole story of what a personal injury victim has endured.
Imagine losing the ability to run after your kids, enjoy your favorite sport, or simply live without constant pain. No amount of money can replace those losses, but fair compensation can help you move forward and regain stability.
At Crosley Law, we fight for non-economic damages because we believe injury victims and their families deserve to be made whole, not just financially but personally and emotionally too.
In recent years, high-profile cases in Texas such as Gregory v. Chohan and United Rentals v. Evans have shown how critical it is to clearly explain non-economic damages to a jury. Courts are demanding strong, well-documented evidence showing how injuries have changed victims’ lives beyond treatment bills.
Our law firm has shown juries how non-economic damages such as pain and suffering – even in cases where the victim was non-responsive or died – have resonating impacts on loved ones that should be justly compensated.
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How do Texas courts calculate pain and suffering?
Unlike medical bills, there’s no specific formula or fixed table for how to calculate non-economic damages. Every person’s pain is different. That’s why Texas courts rely on careful storytelling and compelling evidence to help jurors understand your suffering.
To build a strong claim for non-economic damages, you must show:
- Nature and severity of suffering: How serious is your pain or emotional distress?
- Duration: How long have your problems lasted, and are they expected to continue?
- Impact on daily life: What activities, work, or family roles have you lost?
- Relationships: How have your injuries changed your relationships with loved ones?
- Coping costs: Are you paying for counseling, therapy, or mental health support?
An experienced personal injury attorney will present these facts clearly and persuasively, anchoring your non-economic damages to the real changes you face every day.
Challenges and misconceptions about non-economic damages
Non-economic damages are often attacked by insurance companies and defense lawyers. They argue that pain and suffering awards are “too subjective” or “too high.” But the truth is, these damages are essential for justice.
Recent Texas court decisions emphasize that you can’t just throw out a big number and hope for the best. You must connect the evidence to your requested amount. Clear, logical, well-documented claims for pain and suffering stand the best chance of success.
The power of a personal injury journal after an accident
One of the most powerful tools you have for proving non-economic damages is your own voice.
At Crosley Law, we encourage our clients to keep a daily journal or diary after an accident. Here’s what to record:
- Your levels of physical pain, from day to day
- Emotional struggles like anxiety, sadness, or frustration
- Activities you can no longer do or can only do with pain
- How your injury has affected work, parenting, or social life
- Milestones you miss, like family vacations, birthdays, or sports games
Specific, consistent entries provide vivid, credible evidence of how your injury has impacted your life. When used as evidence, they can make a strong impression on jurors or insurance adjusters.
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Other tips for strengthening your non-economic damages claim
If you’re considering filing a personal injury claim in Texas, here’s how you can protect your rights:
- Document everything: Keep medical records, therapy notes, photos of your injuries, and receipts for medications or assistive devices.
- Seek counseling or therapy: Professional mental health treatment not only aids your recovery but strengthens your legal case.
- Be honest and consistent: Your credibility is key. Never exaggerate your pain or struggles.
- Work with an experienced law firm: Handling non-economic damages claims requires skill, strategy, and a deep understanding of Texas law.
Why clients trust Crosley Law with their pain and suffering claims
At Crosley Law, we understand that an injury is not just about lost money. It can also be about losing your senses of normalcy, identity, and joy.
We take the time to get to know each client personally. We listen to your story, document the hidden injuries insurance companies often overlook, and build powerful cases that show juries the true impact of your suffering.
We don’t just fight for medical bills. We fight for your life back.
Our track record includes substantial settlements and verdicts in cases where non-economic damages played a key role. We combine compassionate client care with aggressive, cutting-edge legal strategies to get results.
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Take the first step toward justice today
If you or a loved one has been injured because of someone else’s negligence, don’t settle for less than you deserve. Pain, suffering, and emotional trauma matter—and you have the right to seek full compensation.
Contact Crosley Law today for a free consultation. We’ll explain your rights, answer your questions, and start building the strongest case possible. That way, you can focus on healing and rebuilding your future.
About Crosley Law
Crosley Law is a nationally recognized personal injury law firm based in San Antonio, Texas. Led by experienced trial attorney Tom Crosley, we specialize in cases involving serious injuries, including those where non-economic damages are critical to achieving fair compensation. We bring unmatched preparation, personal attention, and aggressive advocacy to every case we handle.
Fill out our online contact form or call us today to get started.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
