When you or a family member suffer due to the negligence of a healthcare professional, it’s natural to feel a mix of emotions – anger, confusion, and even a sense of helplessness. During such challenging times, having the correct information and guidance to get you through the complex legal landscape is crucial.
At the W. Winston Briggs Law Firm, our Georgia malpractice attorneys understand the hardships you may be going through and are here to help. This blog answers one of the most frequent questions about personal injury claims: Are medical malpractice lawsuits capped in Georgia? The short answer is that most compensation in a Georgia medical malpractice claim is not capped, but the full answer is more complicated.
By exploring this topic here, we aim to empower you with knowledge, helping you make informed decisions and pursue the justice you deserve. Join us as we dive into the intricacies of medical malpractice laws in Georgia and uncover the truth behind potential lawsuit caps.
Compensation in a Georgia Medical Malpractice Claim
When pursuing a medical malpractice claim in Georgia, it’s essential to understand the different categories of compensation available to you. (The legal term for compensation from a civil lawsuit is “damages.”) These categories include economic damages, non-economic damages, and punitive damages.
- Economic Damages: These damages aim to compensate you for the financial losses you incurred due to medical malpractice. They cover tangible and quantifiable expenses such as medical bills, rehabilitation costs, lost wages, future medical expenses, and any other out-of-pocket expenses directly related to your injury or illness. Economic damages seek to restore your financial stability by compensating you for the financial burdens caused by the healthcare provider’s malpractice.
- Non-Economic Damages: Unlike economic damages, non-economic damages are intangible and harder to quantify in monetary terms. They are designed to compensate you for the pain, suffering, emotional distress, loss of enjoyment of life, and any other non-financial hardships caused by a healthcare provider’s medical negligence. These damages acknowledge the emotional toll and overall impact the doctor’s negligence has had on your quality of life.
- Punitive Damages: In cases where the healthcare professional’s actions were fraudulent, intentional, wanton, or malicious, a judge or jury may award punitive damages. You must take your case to trial to recover punitive damages. The purpose of punitive damages is not to compensate you but rather to punish the responsible party and deter similar behavior in the future. Punitive damages go beyond the compensation for your losses and serve as a form of legal retribution.
Georgia Places a Cap on Punitive Damages
In Georgia, there are certain limitations on compensation in medical malpractice cases. While there is no limit on economic and non-economic damages, there is a specific limit on punitive damages. (There used to be a limit on non-economic damages, but the Georgia Supreme Court deemed that law unconstitutional in 2010.)
According to Georgia law, the cap on punitive damages in most personal injury claims is $250,000. Additionally, under the same statute, 75% of punitive damages, after litigation costs and attorneys’ fees, will be paid into the state treasury. While this limitation may exist, it’s crucial to work with experienced medical malpractice attorneys who can work to maximize the compensation available to you within these constraints.
Our Medical Malpractice Attorneys Can Fight for Maximum Compensation
While Georgia limits some of your compensation in a medical malpractice case, our attorneys can help you maximize the money available to you. We can gather evidence to support your claim, take care of the legal procedures, document the full extent of your injuries, and represent you at trial if necessary. Throughout the process, you can count on us to provide clear advice and the emotional support you need during this difficult chapter.
Our Atlanta medical malpractice lawyers are fully prepared to take your case and uphold your rights. Call us today at (404) 522-1500 or complete our contact form for a free case evaluation.