When someone is injured in an accident, the harm they experience is not only financial. Medical bills, lost income, and property damage are often the first costs that come to mind, but victims also suffer losses that cannot be measured in dollars and cents. These personal, emotional, and human losses are called non-economic damages.
In Indiana, non-economic damages play an important role in personal injury cases because they recognize the real, lasting impact that an injury has on a person’s life. This article explains what non-economic damages are, how they differ from economic damages, examples of what they include, and how Indiana law approaches them.
What Are Non-Economic Damages?
Non-economic damages are a type of compensation meant to address the pain, suffering, and emotional impact of an injury rather than the out-of-pocket costs, like vehicle damage or medical bills.
Non-economic damages are meant to cover the intangible harm caused by an accident that doesn’t come with a receipt but can still deeply affect a victim’s daily life. Unlike economic damages—which are calculated using bills, wage statements, or repair costs—non-economic damages rely on the victim’s personal experience and how the injury has changed their life.
At the heart of non-economic damages is the idea that justice should account for the full harm suffered by accident victims—not just the financial losses.
Examples of Non-Economic Damages
Non-economic damages can take many forms depending on the type and severity of the injury.
Pain and Suffering
Physical pain from broken bones, surgeries, or long-term conditions like nerve damage falls into this category. Pain and suffering acknowledge both the discomfort of recovery and the likelihood of future pain. The scope broadens to include the mental toll, the stress of managing the condition, and the fear of the unknown future.
Emotional Distress
Accidents often lead to mental health struggles such as anxiety, depression, or post-traumatic stress disorder (PTSD). Compensation for emotional distress recognizes the mental burden victims carry after trauma.
Loss of Enjoyment of Life
When injuries prevent someone from participating in hobbies, sports, or everyday activities they once enjoyed, they may be compensated for this loss. This compensation aims to acknowledge the emotional distress and diminished quality of life resulting from the inability to engage in these previously fulfilling pursuits, recognizing the significant impact on overall well-being.
Loss of Companionship or Consortium
If injuries impact a person’s relationship with their spouse or family—such as intimacy, companionship, or the ability to parent—these damages may be awarded.
These intangible impacts, such as pain and suffering, emotional distress, and loss of enjoyment of life, are often the most challenging to quantify. Each of these examples highlights that while money cannot erase the harm, it can provide recognition and accountability for the suffering endured.
Indiana Law on Non-Economic Damages
Indiana has specific rules and limitations for personal injury compensation. In some cases, these rules impact the amount of non-economic damages a person can recover.
Comparative Fault
Indiana follows a modified comparative fault system. This means if you are found partially at fault for your own injury, your compensation—including non-economic damages—can be reduced by your percentage of fault. If you are more than 50% responsible, you cannot recover damages.
How Are Non-Economic Damages Calculated in Indiana?
Because non-economic damages are not tied to receipts or pay stubs, assigning them a value is complex.
Courts and insurance companies often consider:
- The severity of the injury
- The length of recovery and whether the victim faces permanent disability
- The impact on daily activities and personal relationships
- Medical records and testimony from doctors or therapists
- Personal accounts from the injured person, family, or friends
Ultimately, the value of non-economic damages is case-specific and often the subject of negotiation or argument in court. A knowledgeable Indianapolis personal injury attorney can help assess the circumstances of your case to provide a clearer picture of what non-economic damages you may be entitled to.
Proving Non-Economic Damages
Since non-economic damages are harder to measure, proving them often requires strong evidence.
The evidence your attorney presents can include:
- Medical documentation of pain or psychological treatment
- Expert testimony from healthcare providers, therapists, or vocational experts
- Personal journals or diaries that show daily struggles with pain or emotional trauma
- Testimony from family and friends who can explain how the victim’s life has changed
The more detailed the evidence, the stronger the case for meaningful non-economic damages.
The Bigger Picture of Justice
Non-economic damages remind us that people are more than numbers on a page. Behind every case is a person whose life has been changed. Indiana law recognizes this by allowing victims to pursue compensation for both tangible and intangible harms.
By pursuing non-economic damages, victims hold wrongdoers accountable and gain resources to move forward, even when life cannot return to what it was before the accident.
Contact Wilson Kehoe Winingham Injury Lawyers, for a Free Consultation With Our Indianapolis Personal Injury Attorneys
Recovering from a serious accident is about more than paying medical bills. Wilson Kehoe Winingham Injury Lawyers, understands that recovery after a serious accident usually includes rebuilding a life that has been disrupted and finding validation for the pain that cannot be seen on paper. Non-economic damages can help serve this purpose by giving a monetary value to human suffering, dignity, and well-being.
If you or a loved one has been injured in Indianapolis, understanding your right to non-economic damages is an essential step toward securing the justice and recovery you deserve. Call us today for more information and to schedule a free consultation with our Indianapolis personal injury lawyers.