Texas Legal Glossary · Personal Injury

Noneconomic Damages

Written and reviewed by Shane M. Boasberg, founder of SMB Law, PC · Licensed in Texas since 2003 · Updated October 2026

Definition: Noneconomic damages compensate an injured person for losses with no market price: physical pain, mental anguish, disfigurement, physical impairment, loss of companionship, inconvenience, and loss of enjoyment of life. Texas defines them in CPRC § 41.001(12) and caps them only in medical liability cases.

Also called: general damages, pain and suffering, non-economic damages

What noneconomic damages mean in Texas

Noneconomic damages are the human cost of an injury. CPRC § 41.001(12) lists them: physical pain and suffering, mental or emotional pain or anguish, loss of consortium, disfigurement, physical impairment, loss of companionship and society, inconvenience, loss of enjoyment of life, injury to reputation, and all other nonpecuniary losses other than exemplary damages.

Unlike economic damages, there is no receipt. The jury decides what sum fairly compensates for a year of chronic pain or a permanent limp.

How it works in practice

Each category is a separate question on the Texas jury charge, and each needs its own evidence. Physical pain is proved through medical records, the plaintiff’s testimony, and witnesses who saw the plaintiff struggle. Mental anguish requires evidence of a high degree of mental pain that disrupts daily routine, not ordinary worry or frustration. Physical impairment means loss of the ability to do things the plaintiff did before, beyond pain and beyond lost earnings.

Texas has no general cap on noneconomic damages. The exception is health care liability, where CPRC § 74.301 caps noneconomic damages at $250,000 per claimant against all physicians and providers combined, with separate caps for hospitals.

Why it matters in your case

Noneconomic damages are where the real disagreement lives in most negotiations. Adjusters often start from a multiple of the medical bills, which undervalues a serious injury with modest treatment costs. The way to move that number is specific evidence: a before-and-after picture of the plaintiff’s life told by people other than the plaintiff. We build that record with family, coworkers, and treating providers rather than relying on the client’s own description.

Example

Lila, a 34-year-old yoga instructor, breaks her ankle when a rideshare driver runs a light in Hyde Park. Surgery heals the fracture but leaves a limp and a six-inch scar. Her economic damages are modest because she healed quickly. Her noneconomic damages are not: she can no longer teach advanced classes, she wears long pants in summer to hide the scar, and her orthopedist testifies to permanent impairment. Each is a separate jury question.

This entry explains Texas law in general terms and is not legal advice for any specific situation. Statutes and case law change; the date above reflects the last review.