What is non-pecuniary damage and when can it be claimed?

Question

José Manuel Alburquerque · Accepted Answer

Non-pecuniary damage (distress) is the suffering caused by a harmful event, such as pain, anguish or fear. So is an attack on personal rights such as honour, privacy or one's own image. It can be claimed together with any other damage, whether or not there was a contract with the person responsible and also when the damage arises from a criminal offence. In general it has to be proved, although in some cases it is presumed, as with the death of a close relative or an interference with someone's honour. The mere inconveniences and annoyances of everyday life are not compensated. When it is presumed In these cases there is no need to prove that it exists, although it is advisable to show how severe it is, because the amount depends on it: If a person dies, the grief of their closest relatives is presumed, unless it is proved otherwise. If someone unlawfully interferes with your honour, privacy or image, for example by spreading photos or intimate information without your consent, the law presumes the harm. If you prove that you have been discriminated against, for example by being refused entry to a venue because of your origin, the law also presumes non-pecuniary damage. If your dog, cat or other pet dies or is seriously injured through someone else's fault, you and those who lived with it can claim compensation for that suffering, as well as the vet's bills. When it has to be proved Outside those cases, the person making the claim has to prove the non-pecuniary damage and its extent. Useful evidence includes a report from a psychologist or a psychiatrist, the treatment they have needed and the testimony of people who can explain how it has affected them. Non-pecuniary damage caused by a breach of contract is also compensated when it goes beyond a mere annoyance. What you should know For injuries, compensation calculated using the statutory compensation scale for road traffic accidents (the “baremo”), which judges also use as a guide for other personal injuries, already includes the suffering caused by the injuries and the after-effects. You cannot be paid twice for the same thing. If a doctor did not inform the patient of the risks of a procedure that was performed correctly and the harm they had failed to warn about occurred, the “Tribunal Supremo”, Spain's Supreme Court, in a judgment of March 2026, did not award compensation for it as non-pecuniary damage in a fixed amount. It awarded compensation for the loss of the chance to decide otherwise. Non-pecuniary damage is sought in the same claim as the other damage and within the same time limit. For attacks on honour, privacy or one's own image, that time limit is four years from when you could have claimed and a claim made by letter does not reset it to zero, so do not cut it fine.