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  3. Do I Have A Medical Malpractice Case?
    4.  | What Damages Are Available?

Pursuing The Maximum Amount Of Compensation Available To You

Medical malpractice incidents can be extremely dangerous. Errors and other negligent acts can result in nerve damage, loss of bodily function, or even death. If a patient is fortunate enough to survive, the aftermath can be devastating, involving physical, emotional and financial consequences. Knowing the full extent of your damages is essential to your claim, but how can you determine what you are due?

At Elam & Rousseaux, PLLC, our attorneys have more than 90 combined years of experience in aiding medical malpractice victims throughout North Carolina. Our decades of experience include the process of identifying and valuing the total damages our clients have suffered in order to pursue the financial recovery they are due to move forward with their lives.

Damages Available In Medical Malpractice Claims

The damages, or compensation, available to recover will differ from case to case. In many situations, there are three different types of damages that plaintiffs can pursue:

  • Noneconomic damages. These include damages for pain and suffering, emotional distress and loss of consortium.
  • Economic damages. These account for losses including medical expenses and lost wages.
  • Punitive damages. These damages intend to punish the defendant and are only available if the defendant engaged in gross negligence.

The state of North Carolina places a cap on the amount of noneconomic damages available in medical malpractice cases. Beginning in 2014, this amount is adjusted every three years to account for inflation, As of January 2020, a plaintiff can earn no more than $562,338 in noneconomic damages.

There are specific situations in which the state-imposed cap on noneconomic damages does not apply, including where the patient suffered either disfigurement or a permanent injury and the defendant’s conduct was grossly negligent or reckless. Our attorneys can assist in determining what damages are available for your specific medical malpractice case.

Why You Should Choose Us

What sets us apart from other medical malpractice attorneys is our extensive experience and commitment to providing personalized, responsive service. We want to see you attain the best possible outcome in your claim, and we want to be the ones to help you pursue this.

If you are in the Charlotte area, contact our office to schedule your initial consultation. Call 704-859-8979 or email us here.