States are different - better call a lawyer
Posted by
Lauren EllermanOctober 28, 2007 9:29 AMTags:
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This week a West Virginia appeal was argued before the Supreme Court of Appeals of West Virginia.
The case, Monongalia County, Riggs v. West Virginia University Hospitals involves whether state law can limit
non-economic damages, such as damages for pain and suffering. Currently, West Virginia law limits non economic damages to $250,000. Before 2003, there was a $1 million cap.
The appeal is not as to whether the law is appropriate, but what is considered "non-economic" damages. I am sure other states have caps on Medical Malpractice verdicts - Virginia does, Florida does. This means the jury may hear your case and award $10,000,000 - but they will never hear about the cap, and you will only be given the amount allowed by state law.
Does that seem right? Maybe - but what if malpractice prevents you from ever working and you have 8 children, are a single parent, and have medical bills of $400,000? Will $1,000,000 cap for compensatory damages or pain and suffering be enough? Probably not.
Sadly, our state laws in favor of "tort reform" are inflexible - and, as discussed above, every state is different!