Accident Claim Lawyers
CompensationUpdated September 2026

Non-economic damages

In plain English: non-economic damages are compensation for the human cost of an injury, the parts that don't come with a bill. Pain, anxiety, sleepless nights, scars, and the hobbies, plans and everyday pleasures you've lost all fall here.

What they include

  • Physical pain, past and future
  • Emotional distress: anxiety, depression, fear of driving, PTSD symptoms
  • Loss of enjoyment of life: sport, travel, playing with your kids, a social life
  • Disfigurement and scarring, and how you feel about how you look
  • Physical impairment: a limp, lost grip strength, reduced movement
  • Loss of consortium, claimed by a spouse in many US states

In the UK these are mostly covered as pain, suffering and loss of amenity. In Canada they're called non-pecuniary damages.

Why valuing them is hard

There's no invoice to point at, so the number comes from judgment and comparison. Adjusters often start from the medical bills and apply a multiplier, or use claims software that weighs diagnosis codes and treatment. Lawyers compare past settlements and verdicts. In England and Wales, the Judicial College Guidelines give ranges by injury type. In Canada, there's a court-set cap, indexed for inflation, that applies to the most serious injuries.

What moves the figure is detail. A record showing you've had counselling for driving anxiety, or a photo of a scar with a surgeon's note that it's permanent, carries more weight than a general statement that you've "been struggling".

Caps and thresholds

Some US states cap non-economic damages, most often in medical malpractice cases, and a few apply caps more widely. In no-fault states such as New York and Michigan, you may need to show a serious injury before you can claim pain and suffering from the at-fault driver at all. Ontario car accident claims have their own threshold and a deductible on non-pecuniary damages. In England and Wales, whiplash injuries from road accidents lasting up to two years are valued on a fixed tariff.

Example

A teacher's medical bills after a crash are modest, but she's left with a visible facial scar and panic attacks every time she gets in a car. She now takes the bus 45 minutes each way. Her non-economic damages will likely be far larger than her economic ones, and the evidence that proves them is her psychologist's notes, photos and her own account of how her days have changed.

What you can do to show it

  • Tell every doctor about emotional as well as physical symptoms.
  • Keep a short diary of pain levels, sleep and things you had to miss.
  • Keep photos of injuries and scars over time.
  • Ask people who know you well to describe the change they've seen.

Next: economic vs non-economic damages · pain and suffering · how much is my claim worth?.

Related terms

Property DamageProperty damage is the harm an accident does to your things rather than your body.Punitive DamagesPunitive damages are extra money a court orders someone to pay to punish outrageous conduct and discourage it in future.Special DamagesSpecial damages (often shortened to "specials") are the specific, measurable financial losses caused by your accident: things like medical bills, lost earnings, travel costs and repairs.Structured SettlementA structured settlement pays some or all of your injury compensation as a series of regular payments, often monthly or yearly, sometimes for life, rather than as one lump sum.

General information, not legal or medical advice. Rules differ between US states, the UK and Canadian provinces, so check the law where your accident happened. How we write and check · Legal disclaimer