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.
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