When you are hurt in a crash, a fall, or another serious accident, the bills are only part of the story. Medical statements and repair estimates say nothing about the nights you cannot sleep, the hobbies you had to give up, or the fear you feel every time you get back in a car.
The legal system calls these losses non economic damages. They are a major part of many injury claims, yet they are also the easiest for insurance companies to downplay. The RECOVER Program™ is a free national accidents program that helps accident victims understand how these damages are valued so they can push for fair, if not maximum, compensation.
Key takeaways
Emotional distress, physical pain, and lifestyle changes are legitimate damages that deserve compensation after an accident.
Keeping a recovery journal, medical records, and witness statements strengthens your claim and ensures insurers can’t overlook your suffering.
With expert help from programs like The RECOVER Program™, you can ensure every aspect of your injury — seen and unseen — is fully documented and compensated.
What are non economic damages after an accident
Non economic damages are meant to compensate you for the human impact of an injury rather than the financial cost. They focus on how your life has changed since the accident, especially when you are dealing with a recover car accident, recover truck accident, recover motorcycle accident, recover rideshare accident, recover bicycle accident, recover public transit accident, or recover slip and fall accident.
Common examples include:
Physical pain and discomfort that lingers after treatment
Emotional distress, anxiety, depression, or post traumatic stress
Loss of enjoyment of life when you cannot do activities you loved
Scarring, disfigurement, or permanent limitations
Strain on relationships, including loss of companionship or intimacy
These harms are very real, but because they do not come with a receipt, accident victims often underestimate their importance.
Why non economic damages matter as much as your bills
For many people, the hardest part of an accident is not the first hospital visit. It is the months and years that follow. You might:
Miss important moments with family because you are in pain or exhausted
Give up sports, hobbies, or community roles that defined you
Struggle with fear, anger, or embarrassment about your injuries
Economic damages can help pay bills. Non economic damages recognize what those bills can never completely fix. When you think about the real value of your pain, think about how your day to day life changed from before the accident to now.
A fair claim should look at both parts of the picture.
How non economic damages are typically calculated
There is no universal formula that every insurer or court must use. Still, there are common methods that appear again and again. Understanding them helps you see how adjusters think about the value of your pain.
The multiplier method
With the multiplier method, you start by adding up your economic damages like:
Medical bills
Future medical care that doctors expect
Lost wages and reduced earning capacity
Property damage and other documented costs
That total is then multiplied by a number, often between 1.5 and 5, based on factors such as:
Severity of your injuries
Length of your recovery
Whether you are left with permanent limitations
Impact on your daily activities and relationships
For example, if your economic damages total 80,000 dollars and a multiplier of 3 is considered appropriate because you have serious, long lasting injuries, the pain and suffering value could be estimated at 240,000 dollars.
The multiplier method is not automatic, but it is a common starting point in negotiations.
The per diem method
Per diem means per day. This method assigns a daily dollar amount to your suffering and multiplies it by the number of days you are expected to experience that pain.
For example:
An agreed daily value of 200 dollars
A recovery period of 300 days
This would suggest 60,000 dollars in non economic damages. The daily rate is usually tied to factors like your income, the intensity of your pain, and the way your life has been disrupted.
The per diem method works best when there is a relatively clear beginning and end to your recovery. For permanent conditions, it may require careful expert input.
Important limitations and state rules
The real value of your pain is also shaped by legal rules in your state. These can include:
Caps on non economic damages in certain types of cases, such as medical malpractice
Comparative fault rules that reduce compensation if you are found partially at fault
Deadlines for bringing a claim or lawsuit
A free accidents program like The RECOVER Program™ helps you understand these high level concepts so you can ask better questions when you speak with a professional.
Factors that affect how your pain is valued
Even when two people have similar medical bills, their non economic damages can be very different. Key factors include:
Severity and type of injuries
Catastrophic injuries, such as brain trauma, spinal cord damage, or loss of limb, generally support higher non economic damages than injuries that heal in a few weeks. Long term or permanent pain also increases the value of this part of the claim.
Length and difficulty of recovery
If your treatment involves surgery, extended therapy, or repeated procedures, the day to day burden is greater than a short course of rest and medication. Recovery that stretches into months or years often justifies higher non economic compensation.
Impact on daily life and identity
Your claim should reflect how your injuries affect:
Your ability to work and pursue a career
Your role as a parent, partner, or caregiver
Your enjoyment of hobbies, exercise, and social life
A broken wrist might mean something very different to a desk worker than to a musician or chef. The same physical injury can have different non economic consequences depending on your life.
Evidence and credibility
Non economic damages are subjective, but they are not imaginary. Evidence makes them real in the eyes of an adjuster or jury. Strong supporting proof includes:
Medical records and doctor notes describing your symptoms
Therapy or counseling records
Photos or videos showing your limitations
Personal journals documenting pain levels and emotional struggles
Statements from family, friends, or coworkers
The more clearly you can show the before and after story, the easier it is to argue for the real value of your pain.
How to document non economic damages after an accident
You do not have to be perfect or write a book. Small, consistent steps can make a big difference.
Keep a simple pain and activity journal
A few minutes a day can help you:
Rate your pain on a basic scale
Note tasks that are difficult or impossible
Record missed events or activities
Describe emotional highs and lows
This journal becomes a powerful tool to show that your suffering is not temporary or exaggerated.
Save all medical and therapy records
Ask for copies of:
Office visit summaries
Diagnostic tests and imaging reports
Physical therapy notes
Mental health treatment records
These documents help connect your pain to specific diagnoses and timelines.
Ask loved ones to observe changes
Family members, close friends, and coworkers often notice changes you may be too close to see. Their observations can support your description of:
Mood shifts
Sleep problems
Social withdrawal
Difficulty performing tasks you once handled easily
If your case ever reaches a more formal stage, these witnesses can help confirm that your pain has real, daily impacts.
Common mistakes that reduce non economic damages
Even strong cases can lose value when certain mistakes are made.
Minimizing your pain to “be strong”
Many people tell doctors they are “fine” or “doing ok” even when they are not. This instinct is human, but it can hurt your claim. If your medical records say you report no pain, an insurer will use that to argue against higher non economic damages.
Be honest and specific with your providers about what you feel.
Gaps in medical treatment
Missing appointments or stopping treatment too early can give insurers an excuse to say you are healed or that your suffering is not serious. If you must miss a visit, reschedule and make sure your providers know why.
Problematic social media posts
Posting photos or updates that make you look active, carefree, or unaffected can be taken out of context. Insurers may use them to claim your pain is exaggerated.
The RECOVER Program™ has resources on what you should never post on social media after an accident and how it can affect your recovery. This is a good companion piece to this guide.
When to get extra help with valuing your pain
If your injuries are serious, long lasting, or life changing, it is usually wise to get professional help. Someone with experience can:
Review your medical and life impact in detail
Work with experts to understand long term consequences
Push back when an insurer ignores the non economic side of your case
The goal is not to chase unrealistic numbers. It is to make sure your pain, your story, and your future are fully considered before you settle.
If you feel like your pain is being ignored or reduced to a number that does not match your experience, you do not have to accept that.
