Economic damages
- • Past and future medical expenses, including rehabilitation
- • Lost income and reduced earning capacity
- • Cost of long-term care, equipment, and home modifications
- • Out-of-pocket costs caused by the injury
Non-economic damages
- • Pain and suffering
- • Loss of enjoyment of life
- • Emotional distress
- • Disfigurement, disability, and loss of consortium
Wrongful death damages
When a patient dies, state wrongful-death and survival statutes govern who can recover and what is recoverable — typically loss of financial support, loss of companionship, conscious pain and suffering before death, and funeral expenses.
State damage caps
Most states have enacted caps on non-economic or total damages in medical malpractice cases. Some have been upheld; others struck down as unconstitutional. See your state guide for current information.