Damage Caps, By State

In the event that you need to file for a medical malpractice or medical negligence case, it may be assumed that there is no limit on the amount of money that may be compensated to you and/or your family. It is an excruciating thought to put a dollar amount on the pain and suffering, or even death, of another human being. In the event that someone gets sued for malpractice or negligence, there are two types of payments that may be due that contribute to the overall amount of compensation.

In the world of being compensated for a wrongdoing, payments are referred to as rewards. So a person may be rewarded for numerous things in their case. The two main types of rewards are economic damages and non-economic damages. These can be broken down very simply. Economic damages are very clear amounts of money that was lost leading up to or during the case. For example, if a person is filing for a medical malpractice because they were misdiagnosed, the cost of prescriptions or surgeries they went through because of their misdiagnosis can very clearly be broken down and understood. In other words, economic damages will almost always have a paper trail – i.e. a receipt or invoice – that may be referred to in order to properly reward someone. Non-economic damages are a bit less straightforward. Non-economic damages are things such as pain and suffering, anxiety, loss of community or joy of life, impact on victims’ quality of life, and so on and so forth. How in the world can you tell someone that their pain or death is worth a certain amount of money? It is difficult to say, and so many states have their own formula to configure that amount based on a variety of factors.

Almost all states have a cap on the amount of damages that may be rewarded to a person or family, in some shape or form. Some states may allow more rewards be allocated to non-economic damages that economic damages, and vice versa.

States with damage caps between $250,000 – $499,999

Alaska

California

Colorado

Georgia

Hawaii

Idaho

Kansas

Michigan

Missouri

Montana

Nevada

New Jersey

Ohio

Oklahoma

South Carolina

Texas

West Virginia

States with damage caps between $500,000 – $999,999

Florida

Illinois

Louisiana

Maine

Maryland

Massachusetts

Mississippi

New Mexico

North Carolina

North Dakota

Oregon

South Dakota

Tennessee

Wisconsin

States with damage caps exceeding $1,000,000

Indiana

Nebraska

Virginia

For more information, or a more accurate understanding of the rewards that may be due for you or your loved ones’ case, call the Law Offices of Buckingham Barrera for a free consultation. One of our experienced attorneys would be happy to consult you and your loved ones on your case. It is our mission to best serve everyone that is dealing with the difficult time of a medical malpractice or medical negligence case.

By |2018-10-15T17:21:41+00:00October 15th, 2018|Medical Malpractice|0 Comments

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