Damages You Can Recover in a Medical Malpractice Case

  • By:David Bate

Medical Malpractice Lawyer

If you’ve experienced a medical situation that resulted in malpractice, it’s important that you know your rights for filing a claim or lawsuit to collect any damages you’ve incurred such as additional financial expenses, injuries, degraded state of health, etc.

There are a variety of damages you can recover, depending on your situation. There are the types of damages that are able to be calculated, and those that are non-economic but can be added to your total compensation, such as a loss of quality of life.

Financial Loss

If your medical situation has caused you to lose money due to taking time off work, or even being permanently unable to meet your previous earning capacity, you can claim all of this in your lawsuit. You can also include any other monetary losses you have incurred and will continue to lose into the future until you’re fully recovered, because of your medical situation.

  • Wage loss
  • Employment benefit loses
  • Medical bills, rehab, etc.

If you were in-between jobs when the malpractice occurred, were about to switch jobs for higher pay, or if you’re self-employed, these are more complicated to calculate and will require you and your lawyer to determine how to prove lost earnings in a concrete way. If you are retired, you will not have a lost earnings claim.

Catastrophic Injuries

In the case that the injuries caused by your medical malpractice case were catastrophic, requiring lifelong medical care, your lawyer may need to bring in a medical economist to accurately present a dollar value for what your future medical bills may add up to. This can be into seven figures.

Value for Non-Economic Losses

The value put on things like pain and suffering is sometimes calculated by adding some multiplier onto the economic damages. But if you’re in front of a jury, they will decide this amount on their own based on how they feel about you and the defendant, whether they feel that either party has lied, how well they understand your injuries, and whether or not you have a criminal record. Keep in mind that some states have put a cap on non-economic damages for these types of cases, which can be as low as $250,000.

Cover Your Losses

To protect yourself and your losses, both economic and non-economic, it’s necessary to work with an experienced medical malpractice lawyer in Orlando who is familiar with these types of proceedings, the laws that govern medical malpractice, necessary evidence to prove the case, and what the jury needs to see before they reward you with adequate coverage.

Thanks to Needle & Ellenberg, P.A. for their insight into medical malpractice and damages you can recover.

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