The second category of compensatory damages available in Texas are designed to offset an injury victim’s non-economic losses. Put simply, non-economic losses are those losses that are difficult, if not impossible, to account for. Examples of non-economic losses include physical pain, disfigurement, physical impairment, and loss of consortium (in certain cases).
Non-economic losses can vary dramatically from person to person and case to case, and are largely determined based on what the parties expect a jury would award in any given case. Because every jury is different from the next, it is difficult to predict how a jury will value a victim’s non-economic losses. However, having a basic understanding of what the personal injury victim can ask a jury to award can help guide an injury victim’s ability to present a viable, well-substantiated claim to a liability insurance company or jury.