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November 2010 Archives

Caps on Non-Economic Damages

Caps on Non-Economic Damages


Outside of the legal and medical communities, it is not widely known that there are certain caps or limits that the Michigan Legislature has placed on damages awarded to individuals injured as a result of medical negligence. There are two types of damages that can be recovered in any litigation: economic damages and non-economic damages. Economic damages are quantifiable out-of-pocket losses (ie: medical expenses, prescriptive expenses, loss of wages, etc.) that result from the injury sustained. Non-economic damages are more intangible damages (ie: compensation for pain, suffering, disfigurement etc) that seek to compensate the injured person for the injury itself. Only non-economic damages are capped.