What Are Non-Economic Damages in Texas?

Legally reviewed by Greg Baumgartner | Updated August 2026

Quick answer: Non-economic damages in Texas compensate an injured person for losses that do not come with a bill or receipt. They can include physical pain, mental anguish, physical impairment, disfigurement, and loss of consortium. Unlike medical expenses or lost wages, there is no simple formula for putting a dollar value on these losses. Most ordinary Texas personal injury cases do not have a general cap on non-economic damages, although important exceptions apply.

After more than 40 years of handling injury cases, I think the easiest way to understand non-economic damages is this: medical bills tell us what treatment cost, but they do not tell us what the injury cost the person. An injury can change sleep, work, family life, independence, hobbies, and the simple things a person used to do without thinking about them. At Baumgartner Law Firm, we often refer to those losses as “human damages.”

What Counts as Non-Economic Damages in a Texas Personal Injury Case?

Texas law separates compensatory damages into economic and non-economic losses. Texas Civil Practice and Remedies Code Chapter 41 defines economic damages as compensation for actual financial loss and treats non-economic damages as a separate part of compensatory damages. Texas Civil Practice and Remedies Code Chapter 41

Physical pain

Physical pain includes the discomfort caused by the injury itself, treatment, surgery, rehabilitation, and ongoing symptoms. A short period of soreness is very different from years of daily pain, and the evidence should show that difference.

Mental anguish

A serious injury can affect a person emotionally as well as physically. Mental anguish may involve fear, grief, anxiety, humiliation, or other substantial emotional suffering tied to the injury. The focus should be on what the evidence shows, not simply on using an emotional label.

Physical impairment

Physical impairment concerns the loss of a person's ability to do things apart from the pain itself. A person may be unable to lift a child, drive comfortably, work in the yard, exercise, travel, or perform household tasks the way they did before the accident.

Disfigurement

Scars, burns, amputations, and other permanent changes in appearance can support a claim for disfigurement. The location, visibility, permanence, and effect of the change all matter.

Loss of consortium

In appropriate cases, an injury can also damage a marital relationship by affecting companionship, affection, assistance, or intimacy. These claims are fact-specific. Learn more about loss of consortium in Texas

Economic vs. Non-Economic Damages

The distinction is easier to see side by side. Economic damages in Texas usually have a direct financial measure; non-economic damages generally do not.

How Are Non-Economic Damages Valued in Texas?

There is no Texas statute that tells a jury to multiply medical bills by a fixed number to determine pain and suffering in an ordinary injury case. You may see online references to a “multiplier method,” but that is not a Texas legal formula and it is not how I evaluate a serious injury claim.

Instead, the value of non-economic damages depends on the evidence and the real effect of the injury. Factors that can matter include:

• The severity and duration of the injury.
• Whether surgery, injections, rehabilitation, or other invasive treatment was required.
• Whether the condition is permanent or expected to improve.
• How often the person experiences pain and how intense it is.
• Sleep disruption and day-to-day limitations.
• The effect on work, family responsibilities, hobbies, travel, and independence.
• Scarring, disfigurement, or permanent physical restrictions.
• The credibility and consistency of the injured person's testimony.
• Medical records, physician testimony, photographs, and other supporting evidence.

Greg Baumgartner's perspective: Damage formulas can create the illusion of precision. In a serious case, I want to know what changed before I try to put a number on it. Two people can have similar medical bills and completely different human losses.

How Do You Prove Non-Economic Damages?

Because non-economic damages do not come with an invoice, proof matters. The strongest cases usually show the difference between life before the injury and life after it.

• Medical records documenting symptoms, diagnoses, restrictions, and treatment.
• Testimony from the injured person explaining specific limitations rather than general complaints.
• Testimony from a spouse, family member, friend, or coworker who observed the changes.
• Photographs of scarring, burns, swelling, surgical wounds, or physical limitations when appropriate.
• Evidence showing activities the person can no longer perform or performs only with difficulty.
• Treating-doctor or expert testimony about prognosis and permanent restrictions.

Specific examples are usually more persuasive than broad statements. Saying “my back hurts” tells less of the story than explaining that you can no longer sit through your child's game, sleep through the night, or lift groceries without stopping because of pain.

Why Medical Bills Do Not Tell the Whole Story

Consider two injured people who each incur $60,000 in medical expenses after a crash. One makes a good recovery and returns to the same work and activities within several months. The other is left with permanent back restrictions, cannot exercise as before, wakes repeatedly at night, and needs help with chores that were once routine.

Their medical bills may look similar. Their non-economic damages do not. That is why serious injury cases cannot be valued responsibly by looking at medical expenses alone.

Are Non-Economic Damages Capped in Texas?

Usually, no. Texas does not impose a single general cap on non-economic damages in most ordinary negligence cases, such as a typical car or commercial-vehicle accident. But there are important exceptions.

Medical malpractice claims

Texas law limits non-economic damages in health care liability claims. For example, Section 74.301 generally provides a $250,000 limit per claimant against physicians or health care providers, with separate limits that may apply to health care institutions. See Texas Civil Practice and Remedies Code §74.301 The exact cap can depend on the defendants and the type of claim.

Claims against governmental units

Claims involving a Texas governmental unit can also be subject to special liability limits and procedural rules under the Texas Tort Claims Act. See Texas Civil Practice and Remedies Code Chapter 101

Punitive damages are different

Punitive, or exemplary, damages are not non-economic damages. Texas law treats exemplary damages as a separate category intended to punish certain conduct rather than compensate a loss, and Chapter 41 places separate limits on those awards. Read more about punitive damages in Texas

When Can You Recover Non-Economic Damages?

A person does not recover non-economic damages simply because an accident happened. In a negligence case, the claimant must prove the legal basis for liability, that the defendant's conduct caused the injury, and that the claimed damages are supported by evidence.

These damages can arise in many serious injury claims, including car accidents, truck accidents, and other cases involving significant physical injury. The specific damages available depend on the facts and the applicable law.

How Non-Economic Damages Affect the Value of an Injury Case

In a serious injury case, non-economic damages can be a major part of the overall claim. But they are only one part of the valuation. Liability, medical proof, future care, lost earning ability, insurance coverage, permanency, and the quality of the evidence all matter. See the factors we use when evaluating what a Texas personal injury case may be worth

For a deeper discussion focused specifically on physical pain and mental anguish, see How Are Pain and Suffering Damages Determined in Texas?

Frequently Asked Questions About Non-Economic Damages in Texas

What are non-economic damages in Texas?

Non-economic damages compensate for personal losses that do not have a direct price tag, such as physical pain, mental anguish, physical impairment, disfigurement, and certain relationship losses.

Is pain and suffering a non-economic damage?

Yes. Physical pain and related suffering are common forms of non-economic damages in Texas personal injury cases.

Are non-economic damages capped in Texas?

Not in most ordinary personal injury cases. Important exceptions include Texas health care liability claims and claims subject to other special statutes or liability limits.

How do you calculate non-economic damages in Texas?

There is no standard Texas multiplier or calculator for ordinary personal injury cases. The amount depends on the evidence, the severity and duration of the injury, permanency, life impact, and other case-specific facts.

What evidence can prove non-economic damages?

Medical records, testimony, photographs, evidence of physical restrictions, and observations from people who knew the injured person before and after the accident can help prove non-economic losses.

Can you recover non-economic damages after a Texas car accident?

Yes, when another party is legally responsible for causing the injury and the evidence supports the claimed losses. The amount depends on the facts of the case and the harm actually proven.

Talk With Baumgartner Law Firm About a Serious Injury Claim

Baumgartner Law Firm has represented injured people in Texas for more than 40 years. We focus on serious personal injury and wrongful death cases, and we believe a case should be evaluated by looking at the person behind the medical records—not by plugging numbers into a formula.

If you were seriously injured because of someone else's negligence and want to understand what damages may apply to your case, contact Baumgartner Law Firm or call (281) 587-1111 for a free consultation.

Primary Legal Sources

• Texas Civil Practice and Remedies Code Chapter 41 - Damages
• Texas Civil Practice and Remedies Code Chapter 74 - Health Care Liability Claims
• Texas Civil Practice and Remedies Code Chapter 101 - Texas Tort Claims Act