Were you hurt in a crash that wasn’t your fault?
So now you’re probably curious to know how much your claim is worth. Well it boils down to two categories of damages:
- Economic damages
- Non-economic damages
Here’s the problem:
Typically, injury victims think of only the first. They calculate their hospital bills, repair estimate and a couple weeks lost wages… and call it quits.
That’s how victims leave serious money on the table.
This publication explains both classifications in simple English. You will learn what qualifies, how to document it and how fault can reduce your final award.
Time to dive in…
Here’s what’s inside:
- Why Your Damages Matter So Much
- What Are Economic Damages?
- What Are Non-Economic Damages?
- The Key Differences Side By Side
- How Comparative Negligence Cuts Your Payout
- How To Prove Both Types Of Damages
Why Your Damages Matter So Much
Every injury case is a narrative of loss. Damages are just the legal translation of that loss into dollars.
Crashes with large trucks carry even greater losses. 5,340 people died in crashes with large trucks in 2024 nationwide. 62% of those killed were occupants of cars and other passenger vehicles, not the large truck drivers.
Think about it:
A fully loaded rig against a family sedan is never a fair fight.
Negotiations can become even more complicated following a semi-truck accident when the trucking company claims you were partially at fault. This is known as a comparative negligence truck accident claim. Your percentage of fault may reduce each dollar of your economic and non-economic damages.
So knowing both types inside out is the first step to protecting your claim.
What Are Economic Damages?
Economic damages are financial losses that can be proven with receipts or bills. Lawyers also refer to them as “special damages.”
Consider these your “receipt” damages. If there is a bill, pay stub or invoice you can show, it’s likely an economic loss.
The most common types include:
- Medical bills: ambulance ride, emergency room, surgery, rehab, prescriptions and any future medical needs.
- Lost wages: The paychecks you missed while you were recovering.
- Loss of earning capacity: Future earnings you will not be able to earn because of your injury.
- Property damage: Repairs to your vehicle or the cost of replacing it.
- Out-of-pocket costs: trips to appointments, home modifications such as wheelchair ramps and in-home paid assistance.
Simple, right?
The dollar figures involved are usually the easiest aspect of any claim to quantify. However, they don’t tell the whole story…
What Are Non-Economic Damages?
Non-economic damages refer to injuries that cannot be measured by a specific price. They are also known as “general damages”.
These are the losses that hit you the hardest. Common examples include:
- Pain and suffering: The physical pain you’ve endured as a result of your injuries, both past and future.
- Emotional distress: anxiety, depression, sleepless nights and fear of driving again.
- Loss of enjoyment of life: inability to play with your children, go to the gym, or partake in your favourite hobbies.
- Disfigurement: Scars, burns or amputations that change how you look and feel.
- Loss of consortium: The impact your injury has on your marriage or family life.
And here’s the kicker…
Non-economic damages are often worth far more than the bills.
Consider federal crash statistics. US motorists incurred $340 billion in economic losses due to motor vehicle crashes in 2019. Once quality of life was accounted for, total costs reached nearly $1.4 trillion.
That’s roughly 4x bigger.
The same study valued each death at $1.6 million. When quality of life was factored in, it rose to $11.3 million.
Economic vs. Non-Economic Damages: The Key Differences
Both types matter. But they work in very different ways.
| Economic Damages | Non-Economic Damages | |
|---|---|---|
| What they cover | Money losses | Personal and emotional losses |
| How They’re Proven | Bills/receipts/pay stubs | Journals/Testimony/Doctor Opinions |
| How are calculated | Actual cost method | Cost multiplier or per diem rate method |
| Capped? | Rarely | Sometimes, in certain case types |
The multiplier method multiples your economic damages by a number typically between 1.5 and 5, depending on the severity of your injuries.
The per diem method assigns your pain a dollar amount per day. That amount is multiplied by how many days you suffered.
How long do you have to file a claim? Lawsuits typically have to be filed within four years of the date of the crash.
Note: Some states limit non-economic damages in certain cases, such as medical malpractice. Be sure to check the laws in the state where your crash occurred.
How Comparative Negligence Cuts Your Payout.
Here’s something most victims don’t see coming…
The other driver is going to try to place some blame on you nine times out of ten. You were speeding. You cut them off. You were texting.
Why? Because every percent of fault they pin on you shrinks your payout.
Here’s how it works:
In a comparative negligence truck accident case, the jury determines what percentage each party is at fault. Your damages will be reduced by your percentage of fault.
For example:
- Your total damages are $300,000.
- The jury finds you 20% at fault.
- You walk away with $240,000.
That $60,000 cut comes out of both your economic and non-economic damages.
And it can get much worse. Most states follow one of 3x rules:
- Pure comparative negligence: You may recover something even if you were 99% at fault.
- Modified comparative negligence: you’re entitled to nothing if your negligence reaches a certain threshold. In Texas, your claim is barred if you are found more than 50% liable.
- Contributory negligence: A few jurisdictions prevent you from recovering anything if you were even 1% responsible.
That’s why fighting unfair blame is just as important as proving your losses.
How To Prove Both Types Of Damages
Evidence is what makes your losses translate into actual damages. Begin collecting it immediately.
For lost wages, maintain a file with every medical bill, receipt and paystub. Request a letter from your employer verifying missed hours and wages.
Non-economic damages take a little more effort. But they can be proven too:
- Keep a diary or journal each day of how you feel and what you are unable to do.
- Take photos of your injuries as they heal.
- Ask friends and family to share how your life has changed.
- Stick to your treatment plan so there are no gaps in your records.
Failing to keep appointments is one of the worst mistakes victims make. If you miss appointments, insurance companies will use that to say you were not actually injured.
Pulling It All Together
Economic damages are about the money you’ve lost. Non-economic damages are about the life you’ve lost. You need both for a fair settlement.
To quickly recap:
- Track every bill and missed paycheck
- Document your pain, stress and lost enjoyment
- Learn how fault affects your settlement in a comparative negligence truck accident claim
- Push back hard on any unfair blame
Every situation is unique. Please consult with a licensed personal injury attorney regarding your specific situation. Don’t let the insurance company tell you your pain isn’t worth anything.
