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Are there any limitations or “caps” on the amount of compensation I can recover in a successful medical malpractice lawsuit?

While it’s technically possible to recover hundreds of thousands of dollars in medical malpractice claims involving catastrophic injuries or health complications, just about every state has capped the amount one can recover in these cases.

Typically, the amount of damages one can recover is capped in most states, and this amount rarely goes over $900,000 dollars except in cases of catastrophic injury, full paralysis and disability, or wrongful death.

However, in other states, there is a demarcation in the capping of damages such as non-economic and economic damages being capped different, or one of the two not capped at all. Over the last few years, attorneys have taken certain medical malpractice cases to higher courts and had these capped overturned due to the unconstitutional nature of said caps.

Still, damages may be ordered to be paid as installments or periodically compared to a lump sum payment, especially if the damages exceed a million dollars.