Nursing Home Negligence or Abuse
- Two years
- Non-economic damages are limited to $468,000 unless the court finds justification to increase damages. If the court allows higher noneconomic damages, the amount may not exceed $936,030.
- Derivative noneconomic damages may not exceed $408,010. These limits do not apply to compensatory damages for physical impairment or disfigurement.
- Caps apply to each defendant rather than each plaintiff. If a plaintiff proves liability of multiple defendants, they will be allowed to max out the caps against each defendant.
- Punitive damages shall not exceed three times the amount of actual damages.
- Two years after the cause of action. In no instance shall an action be brought more than three years after the act or omission that gave rise to the action.
- If foreign object involved, two years from discovery of the object. Children under six years have until age eight to file suit.
- $1 million per patient, including any claim for derivative non-economic loss or injury, of which not more than $300,000 shall be attributable to direct or derivative non-economic loss or injury (unless court determines that damages exceeding this limitation would be fair, then court may award in excess of the limitation the present value of additional past and future damages only).
- Two years
- Non-economic damages are limited to $250,000 unless the court finds justification to increase damages.
- This limitation applies on a per-claim basis rather than a per-defendant basis.
- There is no limitation on damages in the case of felonious killings.
The information provided here was prepared by the Pintas & Mullins Law Firm for research and informational purposes only. It does not constitute legal advice or an attorney-client relationship. While we try to keep this information current, the law is subject to change and it may not be reflected here immediately.
The Pintas & Mullins Law Firm expressly disclaims all liability with respect to actions taken or not taken based on the information provided. If you have a legal question or problem, please consult an attorney immediately.