Are there any limitations on the amount of damages that can be recovered in a professional negligence claim?

In North Carolina, there are limits to the amount of damages that can be recovered in a professional negligence claim. Under North Carolina’s laws, plaintiffs in a professional negligence claim can recover only compensatory damages, rather than punitive damages. Compensatory damages are calculated to compensate plaintiffs for losses such as medical bills, lost wages, and pain and suffering. Additionally, North Carolina has implemented a “cap” on certain types of compensatory damages, such as damages for pain and suffering and emotional distress. These caps prevent plaintiffs from receiving excessive damages for these types of losses. For example, under North Carolina law, damages for pain and suffering and emotional distress are limited to a maximum of $500,000 for any single incident. Furthermore, the Supreme Court of North Carolina has recognized that, in addition to the statutory caps, juries may be allowed to place an additional limitation on damages by taking into account the “wisdom and justice of the amount awarded” based on the evidence presented. The court noted that this is to ensure that awards are not “clearly excessive.” To summarize, in North Carolina, compensatory damages are limited to actual losses suffered by the plaintiff and, in certain cases, a cap on damages may be imposed. Additionally, a jury may be allowed to further limit damages taking into account the evidence presented.

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