What kind of damages can be recovered in a professional negligence claim?
In Pennsylvania, a professional negligence claim can lead to the recovery of damages for the injured party. These are typically broken into two categories: economic and non-economic damages. Economic damages are those which pertain to direct expenses and losses. This could include medical bills, lost wages, the cost of repair or replacement of property, or any other out-of-pocket expenses the injured party has incurred. Non-economic damages, sometimes called “general damages," are intended to compensate the injured party for pain and suffering, loss of enjoyment of life, mental anguish, and other non-tangible losses. These damages can be more difficult to quantify than economic damages, and therefore can vary significantly based on the individual circumstances. In a professional negligence claim, the plaintiff may also be able to recover punitive damages. This form of compensation is intended to punish the defendant for their misconduct, and may be awarded if the court decides that it is warranted and that it serves the public interest. In cases of professional negligence, the plaintiff must show that the defendant was negligent in their duties, that the negligence caused an injury, and that the injury resulted in damages. The plaintiff must also demonstrate the amount of damages they are seeking.
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