Also known as:noneconomic damage · non-economic damages · non-economic damage · non economic damages · nonpecuniary damages · general damages
Written by attorneys · grounded in primary & secondary sources — see below
Compensatory damages awarded for intangible harms such as pain and suffering, emotional distress, and loss of enjoyment of life that cannot be measured with mathematical precision.
Sources & Authorities
How it applies
Common Examples
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Pain And Suffering Award
Natalie Norris suffers a broken leg and chronic pain after a collision. At trial she proves medical bills and lost wages as economic losses. The jury separately awards compensation for her ongoing physical discomfort and reduced ability to enjoy daily activities.
Emotional Distress Recovery
Nadia Novak learns that a neighbor's negligence caused her child's permanent disability. She proves no out-of-pocket loss beyond therapy costs yet seeks recovery for the mental anguish and loss of enjoyment that followed the incident.
Defamation Noneconomic Harm
Neville Norton, a local business owner, sues a newspaper for publishing false statements about his honesty. He offers no proof of lost profits but presents evidence of reputational injury and resulting emotional distress to support a noneconomic award.
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Restatements
Hornbooks
Study Supplements
Gertz v. Robert Welch, Inc.418 U.S. 323, 94 S. Ct. 2997, 41 L. Ed. 2d 789 (1974)
Punitive Context Noneconomic
Nina Nielsen obtains a compensatory verdict that includes noneconomic damages for severe emotional distress after an insurer's bad-faith claims handling. The court later reviews the ratio between those noneconomic damages and any punitive award.
State Farm Mutual Automobile Insurance Co. v. Campbell538 U.S. 408, 123 S.Ct. 1513, 155 L.Ed.2d 585 (2003)
Loss Of Consortium Claim
Naveen Nanda's spouse sues for loss of society and companionship after Nanda suffers permanent injuries. The claim seeks noneconomic damages separate from Nanda's own economic losses for medical care and wages.
Nathaniel Newman sues a photographer for secretly filming him in his home. He proves no financial loss but recovers noneconomic damages for the resulting humiliation and interference with personal peace.
Dietemann v. Time, Inc.449 F.2d 245 (9th Cir. 1971)
Common questions
Frequently Asked
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How do noneconomic damages differ from economic damages?+
Noneconomic damages compensate for intangible harms such as pain, suffering, and loss of enjoyment that lack a precise dollar calculation. Economic damages cover actual monetary losses such as medical bills and lost wages that can be quantified.
Are noneconomic damages subject to joint and several liability?+
Many state statutes limit joint and several liability to economic damages only. A defendant found less than fifty percent at fault may be held jointly and severally liable solely for economic damages and not for noneconomic awards.
Do damage caps apply to noneconomic awards?+
Numerous states impose statutory caps on noneconomic damages, often limiting recovery for pain and suffering to a fixed sum or a multiple of economic damages. These caps do not affect pecuniary losses.
Can noneconomic damages be recovered in negligent misrepresentation cases?+
Recovery for negligent misrepresentation is limited to pecuniary loss. Noneconomic damages such as emotional distress are not available in ordinary business or investment settings.
How are noneconomic damages treated in wrongful death statutes?+
Wrongful death statutes typically authorize only pecuniary losses. Noneconomic damages for loss of society or companionship are recoverable only if the statute expressly includes them or if a separate common-law consortium claim survives.
376 U.S. 254 (1964)Remedies
…per se, "the law . . . implies legal injury from the bare fact of publication itself," "falsity and malice are presumed," "general damages need not be alleged or proved but are presumed," and "punitive damages may be awarded by the jury even though the amount of actual damages is neither found nor shown." An award of punitive…