Quick answer: Personal injury damages fall into three groups: economic damages, such as medical bills and lost wages; non-economic damages, such as pain and suffering and emotional distress; and punitive damages, which punish especially harmful conduct and are awarded only in some cases. Some states limit non-economic or punitive damages, so the amount depends on where the case is.
On this page:
- Economic damages
- Non-economic damages
- Punitive damages
- How states limit damages
- From damages to a settlement number
- Next steps
Economic damages
Economic damages cover losses that can be measured in money. The Legal Information Institute explains that in a tort case the injured party can receive compensatory damages for all types of losses, including direct costs such as medical care, property damage and lost wages. For personal injury specifically, it lists medical expenses, lost wages, household assistance and travel expenses among the items damages may include.
Lawyers also call these special damages: damages that can actually be ascertained, such as medical expenses. States write the idea into their statutes. Texas, for example, defines economic damages as compensatory damages intended to compensate for actual economic or pecuniary loss. Because they can be documented, economic damages usually form the foundation of a claim.
Non-economic damages
Non-economic damages compensate for harm that has no price tag. Pain and suffering refers to the physical discomfort and emotional distress compensable as non-economic damages: pain, discomfort, anguish, inconvenience and emotional trauma that accompany an injury. The Institute also lists mental and emotional distress among the items personal injury damages may include.
States spell out what falls in this category. Alaska's statute limits non-economic claims in personal injury and wrongful death cases to pain, suffering, inconvenience, physical impairment, disfigurement, loss of enjoyment of life, loss of consortium and other nonpecuniary damage. Because these losses are hard to value, the way they are measured differs by state; the Pain & Suffering Calculator shows the usual method and where states cap it.
Punitive damages
Punitive damages are awarded in addition to actual damages in some circumstances where the defendant's behavior is determined to be particularly harmful. In tort cases, courts may apply them if the plaintiff proves an intentional tort or willful and wanton misconduct. They punish rather than compensate: Texas defines exemplary damages, which include punitive damages, as damages awarded as a penalty or by way of punishment but not for compensatory purposes.
The bar is high. Alaska, for example, allows punitive damages only if the plaintiff proves by clear and convincing evidence that the defendant's conduct was outrageous, including acts done with malice or bad motives, or showed reckless indifference to the interest of another person. Where they are available, receiving compensatory damages does not prevent a party from also receiving punitive damages.
How states limit damages
There is no national cap. Two examples show how different the rules can be:
- Alaska limits non-economic damages. For a personal injury or wrongful death, non-economic damages arising from a single injury may not exceed $400,000 or the injured person's life expectancy in years multiplied by $8,000, whichever is greater, with a higher limit of $1,000,000 or life expectancy multiplied by $25,000 for severe permanent physical impairment or severe disfigurement (AS 09.17.010).
- Texas limits punitive damages. Exemplary damages may not exceed the greater of two times the economic damages plus the non-economic damages found by the jury, up to $750,000, or $200,000, with exceptions for certain felony conduct (Tex. Civ. Prac. & Rem. Code 41.008).
Other states cap different things or nothing at all, and the numbers change when legislatures act, so check your own state's current rule. That is what the state pages of the calculators are for.
From damages to a settlement number
Damages are the building blocks of a claim, not the final figure. How they are added up, weighed and negotiated is covered in how a personal injury settlement is calculated, and the Settlement Value Calculator applies your state's rules. For the basics of what a personal injury claim is, see what personal injury law covers.
Next steps
List your losses in each category and gather the records that support them. The personal injury calculators cover every state, and our methodology page explains how each figure is verified. For advice on your own case, talk to a licensed attorney in your state.