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Calculate Non-Economic Damages

Home >Blog > Calculate Non-Economic Damages

October 31, 2025 | Robert Bohn, Jr.
Calculate Non-Economic Damages Some losses are simple to measure — you can look at a hospital bill and know the cost. But when it comes to what happens inside, like the sleepless nights, the fear, the way everything suddenly feels heavier, there’s no receipt for that. Those are non-economic damages, and they’re just as real. They cover what pain takes away: your comfort, peace of mind, and sense of normal.  To calculate non-economic damages, you look beyond numbers. You understand what counts as loss, write it down, gather proof, listen to experts, use the methods that courts trust, and build a claim that tells the story of your life since it changed.

Steps to Calculate Non-Economic Damages

Here’s how you can calculate non-economic damages:

1. Understand What Non-Economic Damages Mean

Before you can figure them out, you have to define them. Non-economic damages are the emotional and physical suffering that comes after an injury. Pain that lingers. Stress that keeps you awake. The quiet frustration when you can’t do what used to be simple. They’re the unseen cost of harm, no price tag, but very real.

2. Identify All the Ways You’ve Been Affected

This part takes honesty. Sit with it for a bit. Every way your life feels different counts for something. You might notice:
  • Physical pain that never fully lets up.
  • Emotional strain - maybe fear, guilt, or anger that doesn’t fade.
  • Loss of enjoyment in things you used to love.
  • Strained relationships when patience runs thin and energy runs out.
  • Disfigurement or disability that changes how you move or how you feel about yourself.
It’s all part of the same story: what the injury took from you.

3. Keep Notes, Even When It Feels Small

You don’t realize how powerful a record can be until you look back. A notebook, a phone log, or anything that tracks your pain, sleep, or anxiety helps your claim later. Write down the hard days. The missed birthdays. The hobbies you stopped doing because they hurt too much. These details matter. They turn feelings into proof.

4. Bring in the Professionals

Your story is personal, but professionals make it official. Doctors and physical therapists can describe what’s changed and why it matters.
  • Medical records explain limits and long-term effects.
  • Mental health notes show the emotional toll.
  • Rehabilitation reports highlight how daily tasks now feel like uphill climbs.
It’s not about exaggerating; it’s about being clear. You’re giving the injury a voice.

5. Choose a Way to Measure It

Since you can’t scan pain or print a receipt, there are methods lawyers and insurers use to assign value.
  • Multiplier Method: Multiply your economic damages (like medical bills or lost wages) by a factor between 1.5 and 5, depending on the severity and duration of suffering.
  • Per Diem Method: Assign a daily dollar value to your pain, then multiply it by the number of recovery days.
Both help make the invisible visible. They’re just starting points, not final answers.

6. Look at the Bigger Picture

Not all pain is short-term. Some injuries settle in, becoming part of everyday life. Maybe it’s stiffness in your shoulder or panic on rainy nights. Those lasting changes raise the value of your claim because they follow you. It’s how bad it hurts and how long it stays.

7. Check What’s Happened in Similar Cases

Attorneys use verdict databases and past settlements as benchmarks to estimate fair value for similar injuries. It’s not about copying someone else’s story. It’s context. It keeps your expectations realistic and helps your lawyer negotiate from a position of strength. Think of it like comparing houses in a neighborhood before setting a price.

8. Don’t Skip the Long-Term View

Healing isn’t linear. You might feel fine for weeks, then suddenly, it all hurts again. That’s why your records and updates matter. They show the ongoing impact; the stuff that doesn’t go away just because the cast did. Include your therapy progress, pain flares, and even the small setbacks. It’s all part of showing what life really looks like now.

9. Get Legal Guidance Early

A legal case isn’t something you should handle alone. An experienced personal injury attorney understands how local laws and jury trends affect non-economic damage awards. They’ll help balance your story with documentation and ensure your pain isn’t dismissed as “subjective.” They also handle the pushback when insurers try to minimize what can’t be measured.

10. Put the Full Story Together

By the end, everything you’ve gathered, your notes, your expert opinions, your documentation, comes together as one complete claim. It’s not just a list of injuries. It’s your life before and after, side by side. The person reviewing your case should be able to see your loss, not just hear about it.

Conclusion

Non-economic damages exist because pain isn’t always visible, and loss doesn’t always come with a bill. To calculate them fairly, you have to take stock of everything: your physical pain, emotional scars, and the parts of your life that changed quietly but permanently. Keep track of your feelings, gather professional support, use accepted methods, and let your story show how deep the damage runs. Each step, from the first note in your journal to the final legal presentation, gives weight to your experience. You’re not just proving a point; you’re seeking recognition for what’s been taken from you. At Golden State Lawyers, we help clients turn their recovery into results, ensuring that every loss is valued, respected, and compensated as it should be.

Robert Bohn, Jr.

Attorney

Robert Bohn, Jr. Author Image

For more than 40 years, the lawyers at Robert Bohn, Jr. has dedicated their practices to personal injury law, representing people who have been injured or damaged due to the negligence or carelessness of others. For most people, handling a personal injury claim can be complicated and stressful.

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333 W. Santa Clara Street Suite 620,,
san jose, CA
333 W Santa Clara St #620,
San jose, CA
333 W. Santa Clara Street Suite 620,,
san jose, ca
333 W. Santa Clara Street Suite 620,,
san jose, CA
333 W. Santa Clara Street Suite 620,,
San jose, CA
333 W. Santa Clara Street Suite 620,,
San jose, CA
333 W. Santa Clara Street Suite 620,,
San jose, CA
333 W. Santa Clara Street Suite 620,,
San jose, CA
Golden State Lawyers
333 W. Santa Clara Street Suite 620,
San Jose, CA 95113
408-279-4222
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