Are there any caps on damages for catastrophic injury cases?

Yes, there are caps on damages for catastrophic injury cases in New York. Under New York law, non-economic damages such as pain and suffering, disfigurement, loss of enjoyment, and other non-monetary losses, are typically capped at $250,000. This cap applies to both individuals and organizations, as well as medical institutions, manufacturers, and other entities. However, there are some exceptions to this rule. For example, if a victim is suffering from disfigurement or a permanent impairment or disability as a result of their injury, they may be eligible for additional non-economic damages up to $500,000. They can also receive punitive damages if they can prove that their injuries were caused by gross negligence or intentional misconduct. In cases where the victim incurred economic damages, such as lost wages or medical bills, there is no cap on damages. However, if the court finds that the victim is responsible for their own injuries, the amount of damages they can receive may be reduced. It is important to note that the court may also award non-economic damages in cases of death resulting from a catastrophic injury. The surviving family members may be eligible for wrongful death damages, such as loss of companionship, loss of income, and funeral expenses. These damages are also uncapped and can be substantial.

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