Damage Caps in Nursing Home Litigation

Damage Caps in Nursing Home Litigation / The Steele Law FirmOne of the most important aspects of a nursing home negligence claim is damages. Monetary damages are often the only thing that can make an injured plaintiff or his or her family whole. Unfortunately, there are caps on these damages in some jurisdictions. These damage caps can limit the amount of non-pecuniary damages that victims can recover. Thus, while a plaintiff can recover for any amount of damages that can be definitely determined (i.e. medical bills), he or she may not fully recover for other injuries such as pain and suffering. In some jurisdictions.

Missouri is one of the more plaintiff friendly states for a nursing home claim. Tort reform has been less successful there, than in many surrounding states. In fact, there are no caps on damages arising from medical malpractice or other personal injury cases in Missouri (not including wrongful death). Indeed, a recent Missouri Supreme Court decision, Lewellen v. Franklin, SC92871, 2014 WL 4425202 (Mo. Sept. 9, 2014), removed the previous five-to-one cap on punitive damages. The only remaining caps on Missouri damages are for wrongful death cases that are capped at $350,000.

Regrettably, Kansas law is much harsher on plaintiff’s rights than Missouri. Kansas state law caps non-economic damages at $275,000. Economic damages include the cost of medical care, past and future, and related benefits, i.e. lost wages, loss of earning capacity and other losses. The Steele Law regularly litigates nursing home negligence claims in Kansas despite the damages caps because injured victims need quality representation no matter what.

If you suspect your loved one is the victim of nursing home abuse please contact our Kansas City nursing home negligence and abuse law firm.

Nursing home negligence claims involve many complex legal and medical issues. Having the right attorney is essential to recovering what you deserve. Our Kansas City nursing home abuse law firm will do everything possible to assist you in obtaining the maximum compensation you deserve. More importantly, our Kansas City nursing home abuse law firm will serve as an ally that will give you and your family the respect and compassion it needs. Contact us for your free consultation today.