In medical malpractice cases, damages refer to the compensation awarded to victims for their injuries. In North Carolina, there are legal limits—known as “damages caps”—on the amount of compensation you can receive for non-economic damages like pain and suffering.
Key Points on Damages Caps in North Carolina.
Current Limit: As of January 1, 2023, the cap for non-economic damages in North Carolina is $656,730. This amount is adjusted every three years to account for inflation.
Economic Damages: There are no caps on economic damages, which cover medical expenses, lost wages, and other financial losses resulting from malpractice.
Exceptions to the Cap: In cases where a healthcare provider’s actions were grossly negligent, intentional, or malicious, or resulted in disfiguring or permanent injuries, the cap may not apply.
Why Caps Matter: These caps are intended to control insurance costs, but they can also limit the compensation victims receive, especially in cases involving significant suffering.
Current Limit: As of January 1, 2023, the cap for non-economic damages in North Carolina is $656,730. This amount is adjusted every three years to account for inflation.
Economic Damages: There are no caps on economic damages, which cover medical expenses, lost wages, and other financial losses resulting from malpractice.
Exceptions to the Cap: In cases where a healthcare provider’s actions were grossly negligent, intentional, or malicious, or resulted in disfiguring or permanent injuries, the cap may not apply.
Why Caps Matter: These caps are intended to control insurance costs, but they can also limit the compensation victims receive, especially in cases involving significant suffering.
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