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Non-Economic Damages: Why They’re Undervalued and What You Can Do

Edward Gates by Edward Gates
July 7, 2025
Non-Economic Damages
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Legal compensation is usually the first thought when people are involved in personal injury cases. That often includes money for car repairs, hospital bills, or lost paychecks. These three are economic damages.

However, there’s another category most people don’t consider: non-economic damages. They cover the pain you feel, the anxiety that keeps you up, or the joy you’ve lost due to someone else’s carelessness.

Unfortunately, non-economic damages don’t always receive the attention they deserve. Understanding why they’re undervalued and knowing how to fight for them can be a big deal if you or a loved one is ever injured.

What Are Non-Economic Damages?

Non-economic damages are non-monetary and intangible losses. So, they can’t be measured by a pay stub or receipt. They typically include:

  • Physical pain
  • Emotional distress
  • Disfigurement or scarring
  • Loss of enjoyment of life
  • Strain on relationships
  • Reputational damages

If you can’t pick up your kids or you sink into depression because of an injury, these damages aim to make up for those deep, personal losses.

Unlike lost wages and medical expenses, these damages don’t have a clear price tag. That’s what makes them challenging to handle. Still, they’re very real. Hence, it’s essential to hire a legal expert. You can recover damages with a lawyer in Tuscaloosa or your city. A skilled personal injury lawyer you can easily contact can make proving non-economic damages much easier.

Why Non-Economic Damages Are Often Undervalued

Society tends to focus on things you can compute with a calculator. Insurance companies know this and sometimes use it to their advantage. They might offer quick settlements that only cover economic losses. That way, they hope you’ll accept before realizing the true extent of your suffering.

There’s also a misconception that emotional pain is somehow ‘less real.’ Others think people who seek non-economic damages are exaggerating their situation.

Juries can also bring biases into the courtroom. If they’ve never experienced mental anguish or chronic pain, they might not understand why it deserves significant compensation.

In some places, laws even limit non-economic damages. These caps are pretty standard in malpractice claims. They can leave severely injured people without the full support they need to rebuild their lives.

The True Impact of Non-Economic Losses

It’s easy to think non-economic damages aren’t worth anyone’s time until you hear real stories. But there are real people out there who suffer from a debilitating injury and can’t sleep through the night because of pain. Others might have PTSD after serious vehicular accidents and can’t drive anymore.

These challenges affect every part of the victim’s life. Careers stall, marriages strain, and friendships fade. Daily living also becomes harder for these people.

For example, a mother who once loved playing soccer with her kids now can’t run after a car accident. A professional who used to enjoy public speaking currently battles with panic attacks triggered by memories of a traumatic event. These scenarios aren’t mere inconveniences to these people anymore. They’re life-changing losses that deserve the law’s acknowledgment.

Why Fair Valuation of Non-Economic Damages Matters

Compensation can help people heal and move forward from their predicament. If someone’s life has been turned upside down by another person’s negligence, it’s only fair that they receive help to restore some sense of normalcy.

Underestimating non-economic damages can mean victims don’t get the counseling or therapy they need. It can also prevent them from adapting their homes to a new disability. It could force them to rely on family members in ways that strain relationships. Recognizing non-economic damages allows people to get financial assistance and support for recovery.

What You Can Do to Strengthen a Claim for Non-Economic Damages

If you’re facing a personal injury claim, there are particular steps you can take to ensure your non-economic damages are taken seriously.

Record Your Hardships

An easy way to do this is by documenting your daily struggles. Keep a journal and note your pain levels, emotional fluctuations, and moments when your injury prevents you from enjoying life. A personal record is excellent evidence that strengthens your claim.

Speak to an Expert

Talking to professionals is another wise move, especially when dealing with trauma. Psychologists, therapists, or pain specialists can support your claim. They’ll provide reports or testimony that show exactly how your injury affects your well-being. Their expert opinions carry weight in court and during settlement negotiations.

Talk to Your Loved Ones

Input from other people close to you or see you every day holds value, too. Ask your family members, friends, or coworkers to write statements about changes they’ve seen in your energy, mood, or personality. Third-party perspectives from people who know you best can illustrate your challenges for a judge or jury.

Hire a Reputable Lawyer

Most crucial of all, find an experienced personal injury lawyer. A skilled attorney knows how to present your case without overlooking non-economic damages. They’ll help you gather evidence, line up witnesses, and dispute against insurance companies trying to minimize your claim.

Legal and Advocacy Options

Sometimes, it’s not enough to fight your own battle alone. If your state has damage caps that seem outdated or unfair, you join advocacy groups working to reform these laws. Many existing organizations help victims of personal injury speak up for their rights and push for changes that make the system more just for everyone.

Another way to make a difference is to stay informed as a citizen. If you’re called for jury duty, take it seriously. If you end up in a case involving non-economic damages, listen carefully. Remember that pain and suffering are often invisible but very real.

Final Thoughts

Non-economic damages are often undervalued because they’re harder to see and measure. However, that doesn’t make them any less critical. You deserve fair compensation that acknowledges everything you’ve lost when someone else’s actions leave you in pain or rob you of joy.

If you or your loved one is in this situation, don’t settle for less than you’re owed. Take the steps to fight for compensation with the help of a skilled lawyer. You also don’t have to accept a system that overlooks your pain. Understand your rights and take action. You can stand up for yourself and help others to do the same.

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Edward Gates

Edward Gates

Edward “Eddie” Gates is a retired corporate attorney. When Eddie is not contributing to the American Justice System blog, he can be found on the lake fishing, or traveling with Betty, his wife of 20 years.

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Why Arizona’s Safe Passing Law Matters After a Bike Accident Cyclists in Arizona share the road with fast-moving vehicles daily, often placing their safety in the hands of motorists. While the open roads may offer freedom, they also come with serious risks when drivers fail to respect cyclists' space. Arizona's Safe Passing Law plays a vital role in determining fault and guiding compensation after a bicycle-related crash. Understanding this law becomes essential for anyone seeking the guidance of a bicycle accident lawyer in Phoenix. Safe passing regulations influence liability assessments, affect settlement negotiations, and impact how claims are litigated. Recognizing the law's practical implications allows injured cyclists to assert their rights more effectively. Overview of Arizona’s Safe Passing Requirements Arizona Revised Statutes (ARS) §28-735 outlines the Safe Passing Law, requiring motorists to allow a minimum of three feet of clearance when overtaking a bicycle. This rule applies whether the cyclist is in a designated bike lane or sharing the main roadway with other vehicles. The intent is clear: create a buffer that protects cyclists from sudden swerves, side mirrors, or unexpected road debris. The three-foot rule isn’t merely a guideline—it carries legal weight. Violating it constitutes a traffic offense and often signals negligence in the context of personal injury claims. The Law’s Role in Determining Driver Negligence When a collision involves a motorist and a cyclist, one of the first legal questions is whether the driver upheld their duty of care. Failure to provide the mandated clearance supports a finding of negligence, which becomes foundational to any injury claim. A bicycle accident lawyer in Phoenix will closely examine crash scene evidence—such as tire marks, vehicle position, and witness statements—to assess compliance with the Safe Passing Law. 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