Seeing a medical professional for an injury or illness is a stressful experience in and of itself. When an error or omission leads to additional trauma and lasting impact, victims have the right to seek compensation for their damages in a medical malpractice claim.
However, determining how much a victim Seek fair compensation for medical malpractice claims should receive is based on the specific circumstances of their case and varies from state to state. The value of your damages will also depend on the severity and length of time you have suffered as a result of the injuries caused by a healthcare professional’s negligence or misconduct.
An experienced attorney can help you build a strong claim to seek full and fair compensation for your losses. Generally, your claim will be comprised of two different types of damages: special, or economic, and non-economic. Special damages are a part of your case that covers the actual financial losses you have sustained as a result of medical malpractice. These may include past and future medical expenses, loss of earnings, diminished earning capacity, and more.
Proving malpractice is a complex process that requires evidence that the doctor’s actions or lack of action fell short of the standard of care set by other medical professionals under similar circumstances. You must also establish that the breach of duty led directly to your damages, which is often referred to as causation.
While it is possible to suffer a wide range of damages as a result of medical malpractice, the most common are related to loss of income and out-of-pocket expenses. For example, if you have a permanent injury that prevents you from returning to your previous career, you should be compensated for the lost wages. Injuries that require long-term medical treatment also lead to higher than normal medical costs, making it important to seek fair compensation.
Your lawyer can help you calculate the actual amount of your financial losses and prove them in court with documentation, such as medical bills, invoices, and other financial records. It is also important to consider the physical pain and emotional distress you have suffered because of the medical malpractice. The suffering can be both immediate and ongoing, preventing you from enjoying life as you once did and preventing you from participating in the activities you enjoy.
In cases of wrongful death, family members can file a claim for the loss of companionship and consortium that the deceased loved one would have enjoyed had they not died. This is a more difficult claim to prove because it cannot be quantified or proven in the same way as the other types of damages listed above.
Unfortunately, some hospitals and insurance companies attempt to take advantage of injured victims by offering them quick settlements without an attorney involved. If this has happened to you, contact us. We are here to protect your rights and fight for the justice you deserve. We will review your case for free to determine how much you are owed in damages and represent you on a contingency fee basis, which means you pay no fees unless we win compensation for you.