What are the different types of damages that can be recovered in a professional negligence claim?
In Massachusetts, depending on the facts of the case, a plaintiff has the potential to be awarded compensatory damages in a professional negligence claim. Compensatory damages are designed to make the plaintiff “whole” by covering the costs of harm or loss that have been suffered. Compensatory damages are usually awarded in the form of economic and non-economic damages. Economic damages are designed to cover direct and tangible financial loss, and include items such as medical bills, lost wages, and property damage. Non-economic damages are intended to compensate for indirect damages and non-quantifiable harms, and are usually awarded for pain and suffering, mental anguish, and loss of consortium. In addition to compensatory damages, a plaintiff may also recover punitive damages in certain cases of professional negligence. Punitive damages are intended to punish the defendant for reckless or malicious behavior and to deter similar behavior in the future. In Massachusetts, the amount of punitive damages that can be awarded is limited to three times the amount of compensatory damages or $50,000, whichever is greater. Lastly, a plaintiff may also be eligible for punitive attorney fees, which aim to discourage the use of frivolous lawsuits.
Related FAQs
Are there any statutes of limitations that apply to professional negligence claims?How does a professional determine the amount of liability insurance coverage needed?
What is the statute of limitations for professional negligence claims?
Are there any limitations on damages that can be recovered in a professional negligence claim?
What is the difference between a breach of professional ethics and a breach of professional liability law?
What is the process for filing a professional negligence claim?
What types of professionals are subject to professional liability law?
What is the difference between a breach of professional duty and a breach of professional liability law?
What is the definition of professional negligence?
Are there any differences in the application of professional liability law across different jurisdictions?
Related Blog Posts
What is Professional Liability Law? - July 31, 2023The Benefits of Professional Liability Law: What You Need to Know - August 7, 2023
Navigating the Complexities of Professional Liability Law - August 14, 2023
How Businesses Can Protect Themselves Through Professional Liability Law - August 21, 2023
Uncovering the Benefits of Professional Liability Insurance - August 28, 2023