Your medical malpractice case can be worth a substantial amount of money if you can reach a settlement agreement or win your case at trial. However, there may be factors outside your control that can affect how much money you can get. Some states will allow you to recover an unlimited amount of money in economic, non-economic and potentially punitive damages. Other jurisdictions may place some type of cap on the money that you can recover.
No matter what the law in your state is, you should always contact a medical malpractice lawyer in McLean to discuss your case. They will help you understand your options and how much you may be entitled to in compensation.
You Can Generally Receive Economic and Non-Economic Damages for Your Injuries
When you are able to prove that a doctor committed medical malpractice, they will have a legal obligation to pay you for the full amount of damages they have caused. You will generally be entitled to claim both economic and non-economic damages. Your economic damages will cover the actual financial losses that you have suffered, while non-economic damages will pay you for the various forms of suffering that accompany your injury.
Depending on the doctor’s level of fault, the jury may even award you punitive damages if you win your case at trial. If you are awarded punitive damage, by a judge or jury, the amount of money granted depends on the message the jury intended to send to the negligent party.
Damage Caps May Vary in Different Jurisdictions
While the general concepts of medical malpractice damages are the same in every jurisdiction, there may be different laws about whether you can recover the full amount of harm. The hospital and insurance lobbyists have managed to persuade legislatures in some states to impose caps on certain types of damages that you can recover in a medical malpractice lawsuit. These caps will apply whether you settle your case or win a jury trial.
Damage caps have been challenged in nearly every state where they exist. Many of the cases have alleged that these damages caps run counter to the state’s constitution. In some cases, these damage caps have been upheld, while they have been struck down in others. For example, the Illinois Supreme Court struck down damages caps entirely.
Your Claim Could Be Limited on an Overall Basis
Medical malpractice damages caps work differently, depending on the state. In some states, the law imposes an overall limitation on the amount of damages that you can recover in a medical malpractice lawsuit. For example, the law can state that the total amount of your recovery is limited to $1 million, no matter how much you have suffered in actual damages.
Some states have laws that apply damage caps to certain types of lawsuits. For example, the law may state that you can only obtain a certain amount of money from a hospital while still being allowed an unlimited financial recovery from other types of medical providers.
Certain Parts of Your Claim May Be Limited
In some states, damage caps can apply to certain elements of your claim. The most common limitation is on the amount of non-economic damages that you can recover. For example, the law can state you are limited to a certain amount in pain and suffering damages (which is the largest part of your non-economic damages). In other states, there may be caps that apply to wrongful death lawsuits for medical malpractice.
Some states may impose limitations on the amount of punitive damages that you can recover. These limits may be stated in terms of an outright amount or as a multiple of the other compensatory damages that you will receive in your case. Punitive damages are an important tool in sending a message to the medical provider and making an example out of them, but they can escape some of the consequences of their actions in jurisdictions that have these limitations.
Some states that have damage caps may adjust them periodically to keep up with inflation. These laws may include escalators to raise the caps by certain amounts at certain times. The law can contain an automatic escalator in line with the rate of inflation. However, some states imposed damage caps years ago, and they have not adjusted them for inflation, even though the costs of medical care and your potential lost earnings may have increased sharply.
Know the Rules That Apply to Your Case Before You File a Lawsuit
It is vital that you are aware of the damage cap before you file a lawsuit so you can have a realistic expectation of the amount of compensation you can receive. Even though the amount of money you may get can be capped, it should not stop you from filing a lawsuit.
Within the constraint of damage caps, you can still be entitled to a substantial amount of financial compensation for your injuries. If you do not file a medical malpractice lawsuit because you may not qualify for many millions of dollars in damages, you are leaving money on the table and allowing the doctor to escape without being held accountable for their actions.
Your medical malpractice attorney will explain how damages work in your state early in your case. Their job is to ensure that you are as well-informed as possible about your case. Your medical malpractice lawyer will quantify the harm that you have suffered and fight for you to receive the highest amount of money to which you are entitled, both under the law and on the basis of the individualized harm that you have suffered.
Medical malpractice cases are not always the easiest to fight and win. You stand almost no chance of obtaining a successful result in your case if you do not have the help of an experienced McLean, VA, personal injury attorney. They can help you get justice and accountability when you have suffered an injury by the actions of a careless medical provider.