Can a damage cap affect my settlement amount?

When you’re awarded a large settlement for your malpractice claim, depending on what state the injury or negligence occurred, that settlement can be significantly reduced as a result of the state’s medical malpractice damage cap. These caps are meant to dissuade frivolous and abusive claims, but they unfortunately also create problems for malpractice victims.

Every state has an allotted cap on settlement values for malpractice damages; these caps can not only affect your claim, but they give justice a bad name.

The Damage of Damage Caps

A damage cap...

  • ...Reduces your settlement. Even if you’re officially awarded a substantial amount in damages, if that amount exceeds the state cap, it will be reduced to within the cap guidelines.
  • ...Diminishes the severity of the accident and minimizes the seriousness of the negligence by stating that no matter how horrendous or detrimental the incident, the same cap value will be applied as a lesser incident.
  • ...Protects medical professionals against large lawsuits, making it easier for them to continue being negligent without severe consequences since they know approximately the most they will have to pay and can factor that occasional amount within their insurances.

Washington D.C., Maryland, and Virginia all have different damage cap limits for non-economic medical malpractice incidents. Depending on where the malpractice took place, the cap can range from nothing (D.C.) to $725,000 (Maryland) to roughly $2.15 million, which includes both non-economic and economic damages (Virginia).

When you contact us to represent you, we’ll make sure you’re aware of any and all limitations associated with your case, while fighting tooth and nail to make sure your settlement reflects the severity of the negligence. Don’t be blindsided by settlement reductions or placated by insurance companies; allow us to fight for you. Call today for a free consultation.

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