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You are also entitled to noneconomic damages for pain, suffering, inconvenience, physical impairment, disfigurement, loss of enjoyment of life, loss of consortium, etc. Damages for noneconomic losses are limited to the greater of $400,000 or the plaintiff`s life expectancy in years multiplied by $8000. For severe permanent physical impairment or severe disfigurement, the cap is $1,000,000 or life expectancy multiplied by $25,000.
Punitive damages are only awarded if it is clear that the defendant`s conduct was outrageous, including acts done with malice or bad motives; or evidenced reckless indifference to the interest of another person. Ordinarily, punitive damages are limited to the greater of three times the compensatory damages or $500,000. If the defendant was motivated by financial gain and knew the consequences of his actions, the limit is the greatest of four times the compensatory damages, four times the financial gain, or $7,000,000.
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.