10.28.2016

Some Things To Know About Caps On Damages For Personal Injury

When an individual suffers an injury caused by a motor vehicle accident, medical malpractice, or the negligence of another person, they may be awarded monetary damages. Such damages include past medical expenses, past lost wages, future medical expenses, costs of care, and future lost wages.

An injured individual may also be awarded damages for non-economic damages such as pain and suffering, loss of consortium, and physical impairment or disfigurement. Powell Some Things To Know About Caps On Damages For Personal Injury Law offers experienced and knowledgeable legal assistance to anyone injured as a result of a motor vehicle accident, medical malpractice, or the negligence of another.

Most states limit the amount of monetary damages an injured person may receive for certain causes of action. The Constitution of the Commonwealth of Pennsylvania specifically prohibits the limitation of damages in cases involving injury and death and specifically states “in no other case shall the General Assembly limit the amount to be recovered.

The only limitation on damages in our state is on punitive damages, which are capped at twice the amount of the actual damages awarded in a case. The Commonwealth of Pennsylvania receives twenty-five percent of an award for punitive damages in support of its program that offers additional insurance to doctors and medical professionals when their own insurance is insufficient to pay.

However, damage caps apply in a personal injury claim against a government entity. The Pennsylvania Political Subdivision Tort Claim Act establishes a “statutory cap” or “damages cap,” which provides “damages arising from the same cause of action or transaction or occurrence or series of causes of action or transactions or occurrences shall not exceed $500,000 in the aggregate.” This statutory damage cap applies when the injury claim involves a local government entity in Pennsylvania.

The attorneys at Powell Law have litigated all types of personal injury cases over the years. If you live in the Scranton/Wilkes-Barre and surrounding area, and have suffered any type of personal injury due to the actions of another person or entity, contact Powell Law at (570) 961-0777. The consultation is FREE.

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