Is There a Cap to How Much Money I Can Receive for My Alabama Medical Malpractice Case?

In the vast majority of states, the various legislatures have decided to enact laws that limit the amount of damages, or money, a victim of medical malpractice can recover from a health care provider. In some states the cap is at $500,000 for certain types of damages. In others, it is at $250,000.

In Alabama, the legislature tried to cap non-economic medical malpractice awards at $400,000. See Alabama Code 6-5-544 subsection (b). Fortunately, Alabama is one of the states in which the courts have decided that these statutes are unconstitutional. Anytime a law conflicts with a state constitution, the law may not be given effect. This is because a state constitution is the highest law in any given state.

To learn how Alabama's statutes and the courts decisions affect you and your case, you need to speak with a medical malpractice lawyer familiar with Alabama's laws and procedures. An experienced and knowledgeable attorney will be your best guide to making the laws work for you rather than against you. To find a top quality Alabama medical malpractice lawyer, click here.