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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. Minnesota does not allow recovery for pain and suffering, grief and sorrow in a wrongful death case.
Punitive damages are intended to punish a defendant and deter others from similar conduct. They are only awarded upon clear and convincing evidence that the acts of the defendant show deliberate disregard for the rights or safety of others. A defendant has acted with deliberate disregard if the defendant has knowledge of facts or intentionally disregards facts that create a high probability of injury to the rights or safety of others and deliberately proceeds to act in disregard of or with indifference to the probability of injury. The State of Minnesota and its political subdivisions are immune from liability 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.