Non-economic damages—pain and suffering, mental anguish, and loss of enjoyment of life—often constitute a substantial portion of TBI compensation. Unlike medical bills or lost wages, these damages compensate for the human experience of living with brain injury.

Types of Non-Economic TBI Damages

Physical Pain and Suffering

  • Chronic headaches and migraines
  • Dizziness and vertigo
  • Physical discomfort from symptoms
  • Pain from associated injuries

Mental Anguish

  • Depression and anxiety
  • Frustration from cognitive limitations
  • Fear about the future
  • Grief over lost abilities
  • PTSD from the traumatic event

Loss of Enjoyment of Life

  • Inability to participate in hobbies and activities
  • Reduced capacity for social interaction
  • Loss of independence
  • Inability to enjoy family activities

Cognitive Impairment

  • The loss of mental sharpness
  • Frustration from memory problems
  • Embarrassment from communication difficulties

Personality Changes

  • Not feeling like yourself
  • Changed relationships due to irritability or emotional dysregulation
  • Loss of the person you were before injury

Loss of Consortium

Spouses can claim damages for loss of companionship, intimacy, and partnership caused by the TBI.

Proving Non-Economic Damages

Victim Testimony

The victim describes their daily experience living with TBI—what they can no longer do, how symptoms affect them, what life is like now.

Family and Friend Testimony

Those who know the victim describe observed changes, impact on relationships, and personality differences.

Mental Health Records

Treatment for depression, anxiety, or other psychological conditions documents emotional impact.

Day-in-the-Life Videos

Video showing the victim's daily struggles can powerfully demonstrate impact to juries.

Valuation Challenges

No formula exists for valuing non-economic damages. Approaches include:

  • Jury discretion based on evidence
  • Per diem arguments (daily value multiplied by years)
  • Comparison to other verdicts

Damage Caps

Many states cap non-economic damages, particularly in medical malpractice cases. These caps can significantly limit TBI recovery.

Conclusion

Non-economic damages recognize that TBI takes more than money and productivity—it takes quality of life, relationships, and the person you were. Compelling presentation of these damages requires skilled attorneys who understand how to convey invisible suffering to judges and juries.