The good news is that New York has no damage limits. Many states have limits on the total amount of damages a jury can award to a plaintiff for non-economic damages. New York Doesn't Have That Damage Limit for Personal Injury Cases. As a result, jury verdicts in New York can vary wildly, but no award is by default too large by law.
Similarly, there is a wide discrepancy in the application of the source of guarantee rule in all jurisdictions. In general, the rule prevents the perpetrator of a grievance from compensating his liability based on payments made to an injured party by a source of security. See Restatement (Second) of Torts § 920A (“Payments made to the injured party or benefits conferred on the injured party by other sources are not credited against the liability of the aggrievant, although they cover all or part of the damage for which the plaintiff is liable. When the source of guarantee rule applies, evidence of a plaintiff's guarantee payments or coverage from any other source, including insurance, Medicare, Social Security, pension or retirement funds, and employee benefit accounts, are generally not eligible.
It should also be noted that in some jurisdictions, such as Mississippi, a plaintiff may waive collateral source doctrine or at least open the door to cross-examination if the plaintiff testifies: “I couldn't afford to go back to the doctor, when in fact the plaintiff had health insurance that I would have paid for. In each jurisdiction, the analysis of cases and the evaluation of agreements require a timely and clear understanding of these provisions. The following survey analyzes each state's damage limit provisions and the applicability of the source of warranty rule. While there is no set limit for punitive damages, and the Arizona Constitution prohibits passing a law limiting the amount of damages in actions for personal injury or wrongful death, Arizona case law has interpreted the Due Process Clause to prohibit excessively excessive or arbitrary awards.
II, § 31; Security Title Agency, Inc. Pope, 200 P, 3d, 1977, 997-98 (Ariz. There is no limit to compensatory damages. Arkansas Supreme Court Ruled Previously Enacted Law Limiting Punitive Damages Unconstitutional.
Schafer, 385 S, W, 3d 822, 829-32 (Ark. Source of Warranty Rule Applies in Arkansas. In fact, a law limiting the recovery of certain medical expenses was declared unconstitutional in contravention of the separation of powers, although it was also challenged on grounds of collateral source. Rockwell Automation, Inc.
Connecticut does not limit compensatory damages, but in product liability actions, punitive damages cannot exceed twice the amount of compensatory damages awarded and can only be awarded “if the claimant proves that the damage suffered was the result of the seller of the product's reckless disregard for safety of product users, consumers, or others who were injured by the product. Conn. Connecticut Reduces Verdict Award by Amount Paid by Assurance Source. In cases of negligence, a court must reduce the award of economic damages by “all amounts that have been paid for the benefit of the plaintiff, or that are otherwise available to the claimant, from all collateral sources.
Fla. However, there is no reduction for payments from sources of guarantee for which there is a right of subrogation. Any reduction is also offset by any amount paid by the claimant or a family member to secure payment of the guarantee. Illinois does not limit compensatory or punitive damages.
Punitive damages are prohibited in medical malpractice cases. However, a statutory limitation on non-economic damages in medical malpractice cases was considered unconstitutional. Hop. Source of Warranty Rule Applies in Louisiana.
There is no limit to compensatory damages in Massachusetts (except for medical malpractice actions) and there is no right to punitive damages, except as provided by law. For example, a defendant “will be liable in. Punitive damages not less than five thousand dollars in cases where the death of the deceased was caused by the defendant's malicious, deliberate, arbitrary or reckless conduct or by the defendant's gross negligence. Mass.
There is no limit to compensatory damages in Missouri (except in medical malpractice cases, Mo. The same statute also repeals the source of guarantee rule. The Court of Appeals for the Third Circuit has held that the collateral source aspect of this statute is prevalent by ERISA. United Healthcare Corp.
For personal injury cases, there is no limit to economic damages. The statute limiting non-economic damages was declared unconstitutional in Beason v. Source of Guarantee Rule Applies in Oklahoma. State University.
There is no limit to compensatory damages in Pennsylvania. While there is no general limit to punitive damages, multiple statutory provisions (approximately 3%) create individualized limits in various contexts, such as medical malpractice, abortion notification, bad faith, trade secrets, and agricultural protections, among others. The collateral source rule applies with a statutory exception in medical malpractice actions. The source of guarantee rule applies, but the plaintiff cannot recover more than the actual expenses.
De Escobedo, 356 S, W, 3d 390 (Text. Evidence from a collateral source may also be admissible for purposes of impeachment. Wal-Mart Stores, Inc. Source of guarantee rule applies in Utah.
Bennett, 439 P, 2d 457, 458 (Utah) 196.However, evidence of payment from collateral sources is admissible in medical malpractice actions, except where there is a right of surrogacy. In West Virginia, trial courts deduct collateral source payments from jury verdict under law. It's hard to compare state laws that limit compensation to victims in civil lawsuits. Most “cap” laws focus on non-economic damages, although some state medical malpractice laws limit total damages (both economic and non-economic).
We just put this online because there aren't many good, up-to-date summaries of medical malpractice limits by state. While only eleven states limit non-economic damages in general personal injury lawsuits, several more limit damages in product liability claims, medical malpractice claims, or both. Wisconsin has no general limit on compensatory damages, but as with many other states, the legislature created a limit in the context of medical malpractice actions. There is no general limit to compensatory damages (except in medical malpractice cases), but Nebraska has declared punitive damages unconstitutional.
There is no general limit to compensatory damages in Virginia, although there is a legal framework to limit such damages in medical malpractice actions. There are specific limits for compensatory damages in the case of medical malpractice and in the death or injury of a “rodeo volunteer” contestant. In Texas, there is no general limit for compensatory damages, but there are exceptions for medical malpractice actions. There is no general limit for compensatory damages, except in medical malpractice actions where there are certain limitations for non-economic damages.
There is no limit to punitive damages, but punitive damages are divided between the plaintiff (30 percent); the attorney general for the deposit in the Criminal Injury Compensation Account (60 percent); and the attorney general for the deposit in the State Court Safety and Facilities Account (10 percent) one hundred). States with one asterisk have limits for both pain and suffering and an absolute limit on malpractice awards, and states with two asterisks have a fixed limit, although the limit for future health care does not apply in some of these states. New York has no restrictions on how much a person can recover in a medical malpractice lawsuit. There is no limit to compensatory or punitive damages in New Mexico (except in medical malpractice cases).