What Are Non-Economic Damages?
Non-economic damages are compensation for losses that do not have a fixed dollar amount. They are often called “human losses” because they focus on how an injury affects the person, not just their bank account.
For example, a broken leg may lead to emergency room bills and physical therapy costs. Those are economic damages. However, the same injury may also cause chronic pain, anxiety while driving, missed family events, sleep problems, and limits on hobbies. Those harms may be considered non-economic damages.
What Are Examples of Non-Economic Damages?
The exact damages available in a case depend on the facts.
Examples of non-economic damages include:
- Physical pain and suffering
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
- Scarring or disfigurement
- Permanent disability
- Loss of independence
- Anxiety, depression, or trauma
- Sleep problems
- Loss of companionship
- Loss of consortium in some cases
These losses can be serious even when they are harder to document. For example, a car accident victim who can no longer lift their child, walk around Lake Hefner, drive without fear, or return to a favorite activity may experience major harm that does not appear on a medical bill.
A strong personal injury claim should consider the full impact of the injury, including these personal consequences.
How Are Non-Economic Damages Different From Economic Damages?
Economic damages compensate you for measurable financial losses. These may include medical expenses, lost wages, future medical treatment, property damage, and reduced earning capacity. They are often supported by documents.
Non-economic damages compensate you for subjective losses. There may not be a receipt for pain, fear, or loss of enjoyment. However, that does not make these losses less real.
For example, two people may have the same medical bill after a crash on I-40 or I-35 in Oklahoma City. One person may recover quickly, while the other may live with ongoing pain, nightmares, and permanent mobility limits. Their economic losses may look similar, but their non-economic damages may be very different.
This is why personal injury claims must be evaluated individually.
How Are Non-Economic Damages Calculated in Oklahoma City Personal Injury Cases?
There is no simple formula that applies to every case. Insurance companies, lawyers, judges, and juries may consider many factors when evaluating non-economic damages.
Important factors may include:
- The severity of your injuries
- How long your recovery takes
- Whether you need surgery or ongoing care
- Whether you have permanent pain or disability
- How the injury affects your ability to work
- Whether you can still care for yourself or your family
- The impact on your mental health
- The strength of your medical evidence
- Whether witnesses can explain how your life changed
Medical records are important, but they may not tell the full story. Photos, journals, statements from family members, therapist records, and testimony about your daily limits may also help show the effect of your injury.
Are Non-Economic Damages Capped in Oklahoma?
Oklahoma previously had a statutory cap on certain non-economic damages in personal injury cases. However, the Oklahoma Supreme Court held this cap was unconstitutional in Beason v. I.E. Miller Services, Inc.
Because damages laws can be complex and may depend on the type of claim, injured victims should speak with an attorney about how Oklahoma law applies to their case.
Punitive damages remain capped under Oklahoma law. Punitive damages are not the same thing as non-economic damages. Punitive damages are meant to punish certain misconduct rather than compensate the injured person. Oklahoma law places specific limits and requirements on punitive damages, so they are only available in limited cases.
How Can You Prove Non-Economic Damages?
Proving non-economic damages requires evidence that shows how the accident affected your life. Your own testimony may matter, but supporting evidence can make your claim stronger.
Helpful evidence may include:
- Medical records describing pain and limitations
- Mental health treatment records
- Photos of visible injuries or scarring
- A recovery journal
- Statements from family, friends, or co-workers
- Expert testimony
- Documentation of missed activities or life changes
- Proof of permanent restrictions
It is important to be honest and consistent. Do not exaggerate your symptoms. Instead, explain clearly how the injury affects your normal routine, sleep, mood, work, relationships, and independence.
Insurance companies often look for reasons to minimize non-economic damages. They may argue that your pain is temporary, your emotional distress is unrelated, or your injuries are not as serious as you claim. Detailed records can help push back against those arguments.
Contact McIntyre Law to Schedule a Free Consultation With an Oklahoma City Personal Injury Lawyer Today
If you were injured in Oklahoma City, OK, McIntyre Law can help you understand whether non-economic damages may be available in your case. Your pain, stress, and loss of quality of life matter, even when those losses do not come with a receipt.
Our team has over 90 years of combined experience and has recovered over $900 million for injured clients and their families. Contact the firm today to schedule a free consultation with an Oklahoma City personal injury attorney.