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You are also entitled to noneconomic damages for physical pain and suffering, mental and emotional suffering, physical impairment, inconvenience, disfigurement, loss of enjoyment of life, loss of consortium (disruption of your personal relationship with your spouse), etc. There is no definite standard of calculating reasonable compensation for these types of damages other than being just and reasonable in light of the evidence.
In certain instances, damages may be awarded to families of injured claimants for loss of care, companionship, love and affection. Family members can be compensated for the wrongful death of a loved one. These damages may include medical and burial expenses, loss of income that would have supported the family members, and contributions the deceased would have made in the way of comfort, assistance, advice, protection, companionship, etc.
Punitive damages are intended to punish a defendant for reckless or malicious conduct and deter others from similar conduct. They are only awarded when the defendant acted with oppression, fraud or actual malice. Punitive damages are limited to the greater of two times compensatory damages or $250,000.
There is a $500,000 cap on noneconomic damages in medical malpractice cases. A political subdivision`s liability is limited to $250,000 per claimant or $500,000 per occurrence and they are not liable for punitive damages.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified medical malpractice lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local medical malpractice attorney to discuss your specific legal situation.