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ChatYou may have heard the phrase “damage caps” in relation to personal injury and/or medical malpractice claims. In personal injury and medical malpractice law, the term “damage caps” refers to any state or federal law(s) that limit the amount of compensation victims/plaintiffs may recover after an incident. Today’s blog discusses damage caps in the states where we practice, Rhode Island and Massachusetts.
Personal injury and medical malpractice law are primarily state specific. Meaning, different states can – and do – have very different laws on everything from how a victim must prove their case to how much compensation a victim can recover. Make sure you are getting state-specific information about damage caps and call us if you have any questions about your Rhode Island or Massachusetts personal injury case!
In short, damage caps may apply to your personal injury or medical malpractice claim in Rhode Island or Massachusetts. Read on to learn more and call us for a free and confidential consultation about your injury or med mal case!
What are Damage Caps in Personal Injury and Medical Malpractice Claims?
“Damage caps” refer to laws that limit the amount of money plaintiffs/victims may receive after a personal injury or medical malpractice incident.
There are two general types of injuries we as personal injury lawyers deal with: compensatory and punitive damages.
Compensatory damages are intended to cover your actual losses, such as bodily injuries, pain and suffering, and past and future medical expenses.
Punitive damages are awarded to a victim if the defendant’s conduct was particularly egregious. These damages are meant to punish the wrongdoer.
Our clients are usually entitled to compensatory damages. There are two types of compensatory damages you may have heard of: economic and non-economic damages.
Compensatory, economic damages are meant to “make you whole” or otherwise return you to how you were before the accident. Before the accident, you would not have had medical expenses, property damages, or lost wages. Returning these expenses puts you back in your pre-accident position.
Compensatory, non-economic damages account for your pain, distress, and other types of suffering after the accident. We routinely negotiate top non-economic damages for our clients!
The different types of damages available to victims can be confusing. We’re here to help! As experts in personal injury law, we routinely win top settlements. We look forward to working with you, should tragedy strike you or a loved one.
If you have questions about your Rhode Island or Massachusetts personal injury or medical malpractice case, call us to discuss!
What are the Personal Injury Damage Caps in Rhode Island?
There are no laws that “cap” the amount of compensatory (economic or non-economic) or punitive damages for Rhode Island personal injury and medical malpractice plaintiffs/victims. This means that if someone else injured you in Rhode Island, no law will prevent a factfinder (such as a jury or judge) from awarding you what you deserve.
However, there are certain exceptions to personal injury caps. For instance, a $100,000.00 damage cap may apply if the state or political subdivision injure you. This is why is why it is critical to contact and prepare to tell a state-specific personal injury lawyer all details about your accident.
What are the Personal Injury Damage Caps in Massachusetts?
Like Rhode Island, there are no laws that “cap” the amount of compensatory (economic or non-economic) or punitive damages for Massachusetts personal injury plaintiffs/victims. Some exceptions might apply in certain circumstances, so call us with any questions you have!
However, medical malpractice damage caps do exist in Massachusetts. Plaintiffs cannot receive more than $500,000.00 for pain and suffering damages unless there was a “substantial loss of bodily function, disfigurement, or other special circumstances” (Mass. Laws ch. 231 60 H). This means that if you have a serious medical malpractice claim, it’s time to lawyer up immediately!
How Do Damage Caps Effect My Personal Injury Claim?
if you are injured in Rhode Island or Massachusetts, damage caps typically do not apply. However, if you are a victim of medical malpractice in Massachusetts, your attorney will need to prove that the injury caused your disfigurement etc. to receive more than $500,000.00.
Keep in mind that just because Rhode Island and Massachusetts do not generally enforce damage caps does not mean you get an automatic payday. You need to hire a skilled and local personal injury attorney to show that the defendant is at fault for the full extent of your injuries. If you are found partially at fault for your injuries, your personal injury claim will likely be worth less.
Questions about damage caps or other factors that influence personal injury and medical malpractice settlements? Call us any time, free of charge!
It’s Good to Know Mike Bottaro – 24/7 Top-Rated Personal Injury Help
At Bottaro Injury Lawyers, we care for people. Attorney Mike Bottaro and his award-winning legal team handle all types of personal injury cases throughout Rhode Island and Massachusetts. We can even help on cases in other states as well. We pride ourselves on our honesty, integrity, and results. Contact us 24/7 in any method you prefer for a fast, free, and confidential consultation about your case. Text or call us at 401-777-7777 or fill out our free and confidential online form. We are here to serve and help you!
