What is the difference between economic and non-economic damages?
Economic damages compensate quantifiable financial losses: medical bills, lost wages, future care, and property damage. Non-economic damages compensate intangible harms like pain, suffering, and loss of enjoyment of life. Many states cap non-economic damages in specific case types, most commonly medical malpractice.
Some do. Non-economic damage caps are common in medical malpractice (for example Texas at $250,000 against providers, Colorado with an annually adjusted cap). General personal injury caps are less common, and states like California, Florida, and New York have no general non-economic cap. Economic damages are almost never capped.
How are punitive damages limited in the US?
The US Supreme Court held in BMW v Gore and State Farm v Campbell that grossly excessive punitive damages violate due process. Courts generally require punitive awards to bear a reasonable, typically single-digit, ratio to compensatory damages, though the exact permissible ratio depends on the reprehensibility of the conduct.
Are non-economic damages the same as pain and suffering?
Pain and suffering is the most common category of non-economic damages, but the category also includes emotional distress, loss of consortium, disfigurement, and loss of enjoyment of life. When a state caps non-economic damages, the cap generally applies to all of these combined.