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New York Personal Injury Attorneys

An Overview of Non-Economic Damages Caps in Medical Malpractice Cases

February 5, 2021 in

In some states, the total damages accrued in a medical malpractice case could be capped by law, depending on whether these damages are compensatory or punitive, or non-economic in nature. Below, the skilled medical malpractice attorneys at Sullivan Papain Block McGrath Coffinas & Cannavo P.C. provide an overview of capped, or limited, damages to further inform you and your loved ones pursuing a medical malpractice case.


What Are Non-Economic Damages?


Non-economic damages are damages separate from financial losses the victim suffered, such as medical expenses and loss of income, and instead cover an injured person’s pain and suffering, mental or emotional anguish, or humiliation. Non-economic damages tend to be less measurable than straightforward monetary damages. Medical malpractice and negligence can be very large if the pain is severe and the suffering can be permanent. In general, caps on non-economic damages cause controversy in the legal sphere, as these caps are unfair to plaintiffs who have suffered immense damage. 


Does My State Have a Non-Economic Damages Cap?


Thankfully, New York is one of 15 states that do not have a damages cap in medical malpractice cases. In New Jersey, caps are only placed on punitive damages in a medical malpractice case. This means that compensatory non-economic damages, such as pain and suffering, do not have a cap on the total amount of compensation that can be awarded. However, punitive damages, in which the defendant acts so egregiously that the courts intend to punish the defendant, have a limit of $350,000 or five times the amount of compensatory damages collected, whichever is greater.


Learn More From the Medical Malpractice Attorneys at Sullivan Papain Block McGrath Coffinas & Cannavo P.C.


It is our duty at Sullivan Papain Block McGrath Coffinas & Cannavo P.C. to ensure our clients and potential clients are properly informed of any federal or state limitations that may be imposed on them when pursuing their medical malpractice case. Our skilled and experienced attorneys have decades of experience representing victims of medical malpractice and persistently seeking just compensation on behalf of their clients. To contact our New York firm, fill out a form here or call us at (212)-732-9000.

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