Noneconomic Damages

Damages for noneconomic losses are damages for pain and suffering, emotional distress, loss of consortium or companionship, and other intangible injuries. These damages involve no direct economic loss and have no precise value. It is very difficult for juries to assign a dollar value to these losses, given the minimal guidance they customarily receive from the court. As a result, these awards tend to be erratic and, because of the highly charged environment of personal injury trials, excessive.

The Problem

The broad and basically unguided discretion given juries in awarding damages for noneconomic loss is the single greatest contributor to the inequities and inefficiencies of the tort liability system. It is a difficult issue to address objectively because of the emotions involved in cases of serious injury and because of the financial interests of plaintiffs’ lawyers.

ATRA’s Position

ATRA supports a $250,000 limit on the award of noneconomic damages.

Search Through ATRA Reforms

Search through all of ATRA's reforms around Noneconomic Damages

Noneconomic Damages: H.B. 34 (2015)

Limits the amount of damages recoverable in personal injury actions when the injured person dies before judgment or settlement of causes unrelated to ...

Utah

Noneconomic Damages Limit: S.B. 239 (2015)

Replaces English common law causes of action for medical malpractice claims with statutory causes of action, and provides for limits on noneconomic da...

Missouri

Medical Liability Reform: Noneconomic Damages Reform: AB 36 (1995)

Limits the award of noneconomic damages in medical liability cases to $350,000, indexed for inflation.

Wisconsin

Medical Liability Reform: Noneconomic Damages Reform: HB 2122 (2003)

Limits the award of noneconomic damages in medical malpractice cases to $250,000 to $500,000 depending on the severity of the injuries.

West Virginia

Noneconomic Damages Reform: SB 4630 (1986).

Limits the award of noneconomic damages for bodily injury to .43% times the average annual wage times the plaintiff’s life expectancy (no less than 15...

Washington

Medical Liability Reform: Noneconomic Damages Reform: HB 4 (2003).

Limits the award of noneconomic damages in medical malpractice cases to $250,000 against all doctors and health care practitioners and a $250,000 per-...

Texas

Noneconomic Damages Reform: HB 2008 / SB 1522 (2011);Tenn. Code Ann. § 29-39-102.

Limits noneconomic damages to $750,000 per occurrence in medical liability actions, and a limit of $1 million if the injury or loss is catastrophic in...

Tennessee

Medical Liability Reform: Noneconomic Damages: S. 83 (2005).

Limits noneconomic damages in medical liability cases to $350,000 per provider, with an overall aggregate limit of $1.05 million.

South Carolina

Noneconomic Damages Reform: SB 323 (1987).

Limits the award of noneconomic damages to $500,000. The $500,000 limit on noneconomic damages in personal injury and wrongful death actions arising ...

Oregon

Noneconomic Damages Reform- H.B. 2128 (2011), 23 Okl. St. § 61.2:

Reduces the limit on the amount of noneconomic damages that may be awarded for noneconomic loss arising from a claim of bodily injury from $400,000 to...

Oklahoma

Noneconomic Damages News and Press

Explore ATRA's most recent press releases and blogs around Noneconomic Damages

California Lawmakers Face Renewed Scrutiny for Inaction on Legal Reform, Placed on “Heat Watch” by National Report

Today, the American Tort Reform Association placed California’s legislatur...

Florida House Lands on “Lawsuit Inferno” List After Attempts to Overturn Landmark Legal Reforms

Today, the American Tort Reform Association named the Florida House of Rep...

New York Branded “Lawsuit Inferno” in Legislative HeatCheck

Today, the American Tort Reform Association named New York a “Lawsuit Infe...

Search Resources

Search through all of ATRA's Amicus Briefs, Reports, and Other Resources around Noneconomic Damages

WHB 823 v. Uber Technologies, Inc.

(4th Circ., filed August 31, 2026): Arguing that the District Court’s ruling abandons traditional fault-based tort principles. Fault-based tort prin...

4th Circuit

Case Not Yet Decided

CareFirst of Maryland, Inc. v. Johnson & Johnson; Janssen Biotech, Inc.

(4th Circ., filed August 19, 2026): Arguing that the Court should reject the novel theory of imposing strict liability and reaffirm that Section 2 re...

4th Circuit

Case Not Yet Decided

Mead Johnson & Co. LLC v. Greear

(U.S., filed August 7, 2026): Arguing that the lower court’s holding on specific jurisdiction inexplicably ignores and conflicts with this Court’s de...

SCOTUS

Case Not Yet Decided

Lyle & Bruso v. State Farm

(Ok., filed July 9, 2026): Arguing that allowing the district court’s so-called “protective order” to stand would make Oklahoma a significant nationa...

Oklahoma

Case Not Yet Decided

Benavides v. Tesla

(11th Circ., filed July 9, 2026): Arguing that the judgment holds manufacturers to unreasonable standards that will deter innovation and development ...

11th Circuit

Case Not Yet Decided

Drake v. Bayer

(9th Circ., filed May 26, 2026): Arguing that rehearing should be granted to clarify the standards applicable to establishing class-wide injury. The...

9th Circuit

Court Ruled Against ATRA's Position

In Re FirstEnergy Corp. Securities Litigation

(6th Circ., filed May 21, 2026): Arguing that Comcast’s limits on class certification provide essential protections for American businesses and inves...

6th Circuit

Case Not Yet Decided

Suncor Energy (U.S.A.) Inc. v. County Commissioners of Boulder County, et. al.

(U.S., filed May 18, 2026): Arguing the state law does not provide a mechanism to recover damages for costs attributed to global climate change. Clim...

SCOTUS

Case Not Yet Decided

Veto Request, House Bill 26-1236, “Arbitration Reform”

...

Colorado

Second Letter Urging Veto of HB 449 / SB 229 Following Rejection of Amendments

...

Virginia

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