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You are also entitled to noneconomic damages for physical pain and suffering, mental and emotional suffering, physical impairment, 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, emotional suffering, and loss of the pleasures of the family relationship.
Punitive damages are intended to punish a defendant and are only awarded when a plaintiff proves that the defendant acted with oppression, fraud, or malice.
In general, there is no statutory cap on the amount of damages recoverable. However, in an action against the state, liability is limited to $100,000 per claim and $250,000 per occurrence and will be reduced by collateral sources. Liability of local governments is limited to the total damages suffered by the plaintiff reduced by the percentage of the claimant`s fault.
Any settlement will be reduced if there appears to be a good chance that the claim will not be successful. If you were partially at fault for your injuries, the amount of the damages will be reduced proportionately. Other factors that may reduce the damages include past medical history, preexisting injuries, and prior claims history.
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.