In cerebral palsy lawsuits, compensatory damages can be categorized in one of two ways: economic or non-economic losses.
Economic losses refer to measurable costs, such as medical expenses, the cost of physical therapy, wage loss, etc.
Non-economic losses, on the other hand, may refer to costs that are difficult or perhaps impossible to measure, such as pain and suffering costs, mental anguish, and loss of enjoyment for life.
The amount of compensation that can be awarded in these cases may be limited based on the types of damages a family is seeking to recover. In many states, there is no cap (maximum settlement) for economic losses.
However, in some states, there are caps for recovering non-economic losses in a cerebral palsy medical malpractice lawsuit, as well as a general cap for the amount of overall damages awarded.
To learn your state’s laws and get more information on existing caps for medical malpractice suits, it’s in your best interest to consult with a knowledgeable birth injury attorney.