What are the different types of damages that can be recovered in a professional negligence claim?

Professional negligence claims, also known as professional liability claims, can be made if a professional fails to meet the standard of care that is expected in their industry. In Hawaii, those who are found to be professionally negligent may be liable for damages such as compensatory damages, incidental damages, punitive damages, and contract damages. Compensatory damages are intended to make the plaintiff whole by restoring them to the position they were in before the negligence occurred. This can include medical costs, lost wages, or repair and replacement of damaged property. Incidental damages are additional expenses incurred as a result of the negligence, such as transportation for medical treatments, lost income due to an inability to work, or destruction of property. Punitive damages are awarded to punish the negligent party for their action and to deter others from engaging in similar behavior. In Hawaii, punitive damages are capped at either three times the plaintiff’s compensatory damages or $50,000, whichever is higher. Contract damages are awarded when the professional negligently breaks a contract. This type of damages may include out-of-pocket costs the plaintiff had to pay as a result of the contract being broken. Overall, it is important to understand the different types of damages that can be recovered in a professional negligence claim, as they can vary from state to state. In Hawaii, these include compensatory, incidental, punitive, and contract damages.

Related FAQs

What is the reason for the existence of professional liability law?
Are there any legal defenses available to professionals when sued for professional negligence?
What are some of the challenges of proving a professional negligence claim?
What is the difference between a breach of contract and a breach of professional liability law?
What is the role of a court in a professional negligence claim?
What are the legal consequences of a professional being found liable for professional negligence?
Are there any advantages to carrying professional liability insurance?
When is a professional held liable for damages resulting from a breach of professional liability law?
What is the difference between professional negligence and ordinary negligence?
When is a professional liable for damages resulting from professional negligence?

What are the different types of damages that can be recovered in a professional negligence claim?

Related FAQs

Related Blog Posts