Under North Carolina law, a plaintiff may recover economic and non-economic damages. Economic damages include primarily medical expenses and loss of earnings. Non-economic damages may include pain and suffering, scars or disfigurement, loss of use of part of the body, loss of consortium, permanent injury, and inconvenience. Those cases with higher medical costs and negligence resulting in permanent injuries typically resolve at higher amounts. The age and income of the patient are also important in deciding settlement value. There is no set formula to determine a medical malpractice settlement and every case is different. These are complicated matters which typically take years to resolve, and require an experienced law firm to guide patients through the legal process.
When a patient sues a medical provider for malpractice, he/she usually hopes to get money damages to compensate them for their injury.
There are generally two classes of damages: economic damages and noneconomic damages. Economic damages refer to specific costs the patient incurred as a result of his/her injury, such as medical bills, lost wages, lost earnings, and miscellaneous out-of-pocket costs. On the other hand, noneconomic damages refers to all the other types of damages, such as emotional distress, physical pain, and mental suffering.
Medical negligence cases are exceedingly difficult to win for a number of reasons. First, juries in North Carolina are very conservative and tend to give the benefit of the doubt to the healthcare providers when there is any uncertainty as to whether they were negligent. Second, the law of North Carolina concerning medical malpractice lawsuits tend…
In general, compensation received from your medical malpractice settlement or jury award is not taxable; however, some exceptions may apply.
Money received through your bodily injury settlement or jury verdict is typically not taxable because the settlement or jury award largely encompasses reimbursements to the patient (i.e., medical expenses, lost wages, and miscellaneous out-of-pocket expenses). An award received for emotional distress or mental anguish originating from a physical injury is also not taxable as income.