Is There a Limit on the Amount of Pain and Suffering Damages a Claimant Can Receive?
Whenever an accident victim suffers serious injuries, it greatly increases their chances of recovering non-economic damages such as pain and suffering. Pain and suffering damages are designed to compensate victims for the mental and emotional trauma their injuries have caused. All injuries are important, but minimal injuries likely won’t warrant the same amount of damages as those who have been seriously impacted by their accident.
That being said, some claimants may be wondering whether or not there is a limit too much pain and suffering damages they can recover. Like most legal questions, this is difficult to answer without knowing the details and circumstances for a given claim. However, there are some factors potential claimants can keep in mind, and we will touch on those considerations below.
Pushing the Limits of Pain and Suffering Damages
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Unfortunately, it’s not possible to put a definitive cap on pain and suffering damages because state laws vary widely with regard to non-economic losses. Not only that, but states themselves may have different policies for different case types–for example, in our home state of Nevada, the limit of pain and suffering damages for medical malpractice claims is $350,000, but no other tort claims have the same limits. This is just one reason why it’s so important to retain an experienced attorney who is licensed in your state, as they will know those details.
States also flip-flop on their policies and change over the years. For instance, there are currently eleven states who have definitive caps on non-economic damages for personal injury claims: AK, CO, HI, ID, KS, MD, MS, OH, OK, OR, and TN. However, this is just the current set–states may be added or subtracted from that list at any time.
One thing that claimants should also keep in mind is that even if you are awarded a gigantic sum for pain and suffering, there is still a chance it may be overturned down the line if a judge feels that the sum was excessive. One example of this is from a 2006 wrongful death case that was filed in Florida–the parents of a deceased teenager were awarded $4 million for their pain and suffering. However, an appeals court judge eventually overturned and reduced this verdict the following year.
Need Help Recovering Pain and Suffering Damages? Call Van Law Firm Today
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Accidents are stressful, but the process of recovering compensation can be overwhelming without the proper resources. If you need help recovering damages such as pain and suffering, simply call the Van Law Firm office nearest you right away. Our experienced, award-winning team of personal injury attorneys can handle any claim effectively, no matter the circumstances. Call now to get your life back on track with a free and confidential consultation.
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