Are You Getting The Most Of Your Medical Malpractice Attorneys
Types of Medical Malpractice Compensation
Some states limit the amount of damages a victim of medical negligence can receive. These caps usually cover only specific, quantifiable losses, such as the cost of medical bills and lost wages.
Medical malpractice cases can often include non-economic damages like pain and suffering. The experienced lawyers at Sobo & Sobo will help you build a case for compensation in the following areas.
Loss of Earnings Potencial
You may be able to claim damages for lost wages if the injury is caused by medical malpractice and impacts your ability to earn income. However, proving that these losses can be challenging. It is essential to prove that the negligence of your doctor caused your injuries directly, and not only indirectly. This isn't easy especially when it comes to a pre-existing condition that the medical professional misdiagnosed or ignored.
You may be legally entitled to both economic and non-economic damages depending on the type of mistake. Non-economic damages are based on the effect the injuries have had on your life quality. Your lawyer will employ expert testimony graphs, medical malpractice lawyer charts, and other graphics to demonstrate the consequences of negligence.
In certain cases the medical negligence could be so egregious that you can claim punitive damages. These damages are designed to penalize the healthcare provider who has engaged in a shocking behaviour. This type of damage award isn't as common, but it can be awarded in certain situations, including when the healthcare provider has acted in reckless or malicious ways.
Medical malpractice claims can be expensive to pursue. There are court filing fees, medical records, and other documentation costs that can add up quickly. Your lawyer will also need to enlist experts to review your case to determine if medical professionals breached their duty to you.
Permanent Disability
Medical malpractice cases can be complicated and can involve a variety of types of damages. Compensation can cover costs such as expected future medical procedures, ongoing treatment or care and lost earnings if the injury leads people to miss work. It also covers non-economic costs like pain and discomfort.
Non-economic losses are difficult to quantify in a dollar amount but they can be a decrease in the quality of life. They can also encompass emotional and psychological distress as in addition to pain and suffering. The lawyer of the claimant will utilize the testimony of family members and friends to help jurors understand what impact the injury caused on the victim's daily life.
A reputable NYC medical malpractice lawyer will scrutinize the evidence to determine the worth of a claim. This includes a look at the medical malpractice statute of limitations, which puts a limit on the amount of time after an accident a plaintiff can bring a lawsuit.
The value of a claim for medical malpractice will depend on the extent and severity of the injury. Settlements that are higher are reserved for more serious injuries. A doctor could have missed the diagnosis of cancer in the patient, and this could be fatal. The most serious injuries are more likely to lead to a permanent disability. This can increase the cost of an insurance claim.
Suffering and Pain
Medical malpractice victims can also seek compensation for physical pain they've experienced as a result of the negligence of a physician. Physical pain may result from an injury, like a broken bone and can also cause scarring as well as the inability of sleeping or exercise and loss of sexual function and other injuries that impact the victim's life quality.
Compensation for medical negligence can include compensation for suffering and psychological pain. Psychiatric injuries, such as anxiety depression, suicidal phobia, and post-traumatic stress disorder (PTSD) can be incredibly debilitating and can cause physical pain as well. Additionally, the loss of mental health may affect a victim's capacity to maintain healthy relationships and affect their overall quality of life.
Damages are generally separated into two categories: economic or "special" damages, which are based on the possibility of calculating financial losses, and general or "non-economic" damages such as suffering and pain. Non-economic damages are difficult to quantify in dollars, so it is difficult to determine the appropriate amount.
There are different methods for formulating the value of an award for pain and suffering including a multiplier technique which adds up all damages that are specific and multiplies the result by a specific amount ranging from 1.5 to 5. Certain states have limits on this kind of award, but judges in many cases are not able to overturn the jury's decision.
Loss of future earnings
Medical malpractice victims are entitled to various damages, including future earnings loss. This is the amount a victim could earn if they had been capable of working at their current job or if they had a job accessible to them that was suited to their disability. This is a complicated type of damage that often requires the assistance of an expert economist to determine.
Loss earnings calculations are straightforward for those who earn on an hourly basis. An attorney can multiply an individual's hourly rate by number of hours they didn't work to find their total lost wages. Someone who was working employed on a salary must take into account the length of time that they were unable to work as well as their salary and benefits.
The process of calculating lost income is fairly simple, but the future loss can be more complex. The attorney will need to consider the cost of future treatments and also the costs that can be reasonably expected due to the condition of the patient.
It is important to have a lawyer who has experience to assist you in pursuing compensation for medical negligence. Our team at Weltchek Mallahan & Weltchek can help you determine how to most effectively pursue your financial recovery. Contact us today for an appointment for a no-cost consultation. Medical errors can be a grave issue that can result in significant damage. Our legal team is prepared to take a thorough look at your case and fight for the full settlement you deserve.