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Many states limit the amount of damages that a victim of medical malpractice can get. The caps typically only cover measurable, specific losses like medical bills and lost wages.
Medical malpractice cases typically include non-economic damages like suffering and pain. The skilled attorneys at Sobo & Sobo will help you establish a case for compensation in the following areas.
Loss of Earnings Potential
You may be able to claim damages for lost wages if the injury is caused by medical malpractice law firms negligence and impacts your ability to earn income. It isn't easy to prove these losses. You must prove that the medical professional's negligence caused your injuries directly, and not just indirectly. This can be difficult especially if the doctor failed to recognize or treated a pre-existing medical condition.
You could be entitled to both non-economic damages based on the type of negligence. Non-economic damages are determined by the effect of the injuries on your health or life. Your attorney will employ expert testimony charts, graphs, and graphs to show the impact of negligence.
In certain cases, the medical negligence may be so egregious that you could be able to claim punitive damages. These are intended to penalize the healthcare provider for their outrageous behavior. This kind of damage award is not so common, however it is possible to award it in certain circumstances, such as when the healthcare provider has acted with recklessness or malice.
Medical malpractice claims can be expensive to pursue. The cost of court filings, medical records, and other records can quickly become costly. Your lawyer will need to employ experts to analyze your case to determine if medical professionals have violated their duty of care towards you.
Permanent Disability
medical malpractice law firm malpractice cases can be a bit complicated and can result in a variety of damages. Compensation may cover costs such as future medical procedures, ongoing care and treatment as well as lost wages if an injury caused the person to be off work. It may also cover non-economic damages, like pain and suffering.
The non-economic damage is harder to quantify in terms of a dollar amount, but they can be a reduction in quality of life. They can also include emotional and psychological distress as well as suffering and pain. The attorney representing the claimant will rely on testimony from family members and friends members to assist jurors to understand the impact of the injury on the victim's life.
A reputable NYC medical malpractice lawyer will take a close look at the evidence to determine the value of a claim. This includes a thorough review of the medical malpractice statute of limitations which puts a limit on how long after an accident a plaintiff can bring a lawsuit.
The value of a claim based on medical malpractice will depend on the severity and extent of the ailment. The larger settlement amounts are reserved for more serious injuries. For example, a doctor might have mistakenly diagnosed patients suffering from a condition like cancer, which can be life-threatening. The most severe injuries are also more likely to result in a permanent disability, which increases the cost of the claim.
Suffering and Pain
Medical malpractice victims can also seek compensation for the physical pain they have endured as a result the negligence of a doctor. Physical pain can result from an injury, such as a broken bone and can also cause scarring or the inability to sleep or exercise as well as loss of sexual activity and other injuries that affect the victim's life quality.
The compensation for medical malpractice could include compensation for suffering and psychological pain. Psychiatric injuries like anxiety, depression, suicidal phobia, and post-traumatic stress disorder (PTSD) can be extremely painful and Medical Malpractice Attorneys cause physical pain as well. The loss of mental health may also impact a person's ability to work, maintain healthy relationships, and overall quality of life.
Damages are generally separated into two categories: economic or "special" damages, which are based on tangible financial losses and general "non-economic" damages like pain and suffering. Non-economic damages are difficult to quantify in dollars, so it can be difficult to determine the proper amount.
There are several ways to determine the value of an award for suffering and pain, such as using a multiplier. This method adds all special damages together and then multiplies this number by a set amount between 1.5 to 5. Certain states have limits on this kind of award, however judges in many cases will not uphold the verdict of the jury.
Loss of Future Earnings
Medical malpractice victims are entitled to various damages, including future earnings loss. This is the amount that a victim could earn if they had been able to work at their previous job, or had a job accessible to them that was suited to their disability. This is a complicated item of damage that typically requires the assistance of an expert economist to calculate.
Lost earnings calculations are simple if the victim was working at an hourly rate. An attorney can multiply a person's hourly rate by the amount of hours they didn't work to find the total loss of wages. A person who worked in a salaried position will have to consider the length of time they were unable to work, as well as their pay and benefits.
While the process of calculating lost income is relatively simple, future losses are much more complicated. An attorney will have to think about the cost of any treatment that is to be planned in the future, as well as any costs that can reasonably be anticipated based on the victim's current health.
When seeking compensation for medical malpractice, it is important to have an experienced lawyer by your side. Our team at Weltchek Mallahan & Weltchek can assist you in determining the best way to most effectively pursue financial compensation. Contact us today for an appointment for a no-cost consultation. Medical mistakes can be a serious problem that can cause significant damage. Our legal team will analyze your case carefully and fight to get the compensation you deserve.
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