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Compensatory Damages

Compensatory damages are damages paid in personal injury and wrongful death claims to help make victims and their families “whole,” after someone causes them harm. In North Carolina, compensatory damages are limited for certain types of injury claims.

Compensatory damages are distinct from economic damages and may be paid to accident victims in addition to economic damages.

In injury and wrongful death claims, victims and their families are entitled to recover compensation for actual financial losses they experience due to injuries caused by negligence. For example, if an auto accident caused a broken leg which necessitated surgery and a month off from work, economic damages would include costs of surgery and follow-up care and a month’s lost wages.

Compensatory damages, on the other hand, would include compensation for losses not measured in money, including pain and suffering, emotional distress, or loss of companionship of a deceased family member.

In 2011, Senate Bill 33 imposed limits on compensatory damages for North Carolina medical malpractice cases. Under the changes that went into effect on October 1, 2011, compensatory damages are capped at $500,000. This means even if a victim’s intangible non-economic losses were greater, and/or his family’s losses were greater, the maximum award for non-economic compensatory damages would be $500,000. Damage caps like this one have an adverse impact on the rights of negligence victims to be fully compensated for all losses.

Proving the extent of intangible losses to secure appropriate compensatory damages can be a challenge. Contact a Charlotte, NC accident lawyer for help pursuing a case for compensation and fighting for full and fair compensatory damages.

The list of prior client settlement results and client reviews/testimonials, do not constitute a promise of any particular result in any particular case, as each and every case is unique. Each case was handled on its own merit, and the outcome of any case cannot be predicted by a lawyer or law firms past results.

If a recovery or settlement by trial is made, the client will be responsible for costs advanced in addition to attorney fees. Client remains responsible for costs, expenses and disbursements, including medical bills, within the scope of representation. The attorney’s contingency percentage will be computed prior to the deduction of expenses from the total recovery.

The principal office for Auger & Auger Law Firm is located at 717 S. Torrence St., Suite 101, Charlotte, NC. The attorneys and staff of Auger & Auger Law Firm work and process all of the firm’s files at the principal office location in Charlotte, NC. Other office locations listed on our website are satellite offices that are not staffed daily. Satellite offices are operated for the convenience of our clients and who live outside of the Charlotte, NC metro area and are unable to meet with us at our principal office location. All meetings at our satellite offices must be made by appointment only. Phone numbers for satellite offices forward to our principle office location in Charlotte, NC.

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