Non-Economic Damages Caps

Locate a Local Personal Injury Lawyer

Find Lawyers in Other Categories
Most Common Personal Injury Law Issues:

Non-Economic Damages Caps

In personal injury cases, economic damages are awarded to a party to compensate for actual and measurable losses. These losses include medical expenses, lost earnings, and replacement of property. The party can also receive non-economic damages.

What Are Non-Economic Damages?

Non-economic damages, or general damages, is compensation for any non-monetary losses the party suffered. These damages compensate for non-quantifiable items such as:

The awarding of non-economic damages is highly subjective. This means that not every winning party receives non-economic damages.

What Is a Non-Economic Damages Cap?

A non-economic damages cap is a limit on the amount of money the plaintiff can receive if they win their case. The cap is not created by the court, but by statute. For example, the federal government set a statutory limit of approximately $250,000 on non-economic damages on medical malpractice lawsuits.

Why Are Non-Economic Damages Capped?

Damages are typically subjected to a cap as a governmental attempt to manage the high costs of doing business. Companies involved in a lawsuit with huge non-economic damages tend to pass the cost onto customers. The second reason why damages are limited is to discourage plaintiffs from filing lawsuits just to obtain huge awards. 

Do States Put Limits on Non-Economic Damages?

Yes. Many states such as Florida have non-economic damage caps for medical malpractice cases. Some states have non-economic damage caps for other types of personal injury lawsuits.

Are There Exception to the Caps Placed on Non-Economic Awards?

Yes. Many of the damage cap laws do make exceptions for personal injury cases involving serious injuries or death. For example, a person who loses a limb may have an award. In these cases, the caps are eliminated or a higher award limit is acceptable.

Should I Consult an Attorney about Non-Economic Damages Caps?

If you were injured and want to file a personal injury lawsuit, contact a personal injury attorney. A lawyer can guide you through the legal process and help you deal with any damage caps that may be placed on your potential award.

Consult a Lawyer - Present Your Case Now!
Last Modified: 10-16-2015 10:57 AM PDT

Find the Right Lawyer Now

Link to this page

Law Library Disclaimer

LegalMatch Service Mark