How Is Compensation Calculated In A Medical Negligence Claim?

Determining a fair and appropriate amount to seek for a medical malpractice or negligence claim can be complicated, but with the help of an experienced attorney, you can be confident that you are fighting for the money you are entitled to. There are two different factors of your lawsuit that we will discuss: special, or economic, damages, and non-economic damages. Each has a specific role in the case, and are handled differently.

Georgia previously capped non-economic damages at$350,000 against a single medical organization, $700,000 against two, and an overall cap of $1.05 million of non-economic damages, but there are no longer any limits to the amount a victim can be awarded. Learn more below about how we determine a fair number for your non-economic damages. If you believe that you are the victim of medical negligence, contact us immediately to discuss your case with a medical malpractice lawyer in Atlanta.

What Is Medical Malpractice?

Simply put, medical malpractice occurs when a medical professional fails their duty to provide a standard of care for their patient, and the patient is injured as a result. In order to file a medical malpractice lawsuit, these injuries must have measurable and recoverable damages, either economic or non-economic, which we discuss in greater detail below.

Economic Damages

Economic damages address damages that have an exact dollar amount attached to them. This includes things like additional medical bills to recover from the injuries sustained from the medical malpractice, or lost wages if you were unable to return to work. In order to seek these damages, we will simply submit your income history, medical expenses, and any other costs that have “real” values attached to them that have been impacted by your injuries.

In addition to past losses, we will also factor in any potential future losses. For example, if you are unable to return to work while we are going through the lawsuit, we will estimate your future lost wages, or the possibility of long-term disability. We will work with specialists to determine appropriate amounts to seek for these future economic damages.

Non-Economic Damages

Non-economic damages include anything that is not possible to simply calculate a dollar value for. This includes very important, but intangible things such as pain and suffering, mental anguish, or depression. If your injuries after the medical malpractice have decreased your ability to enjoy your life, pursue your hobbies, or perhaps engage in sexual activities, this will all be considered while a jury is determining an appropriate amount of damages.

These amounts are no longer capped, following a 2010 ruling by the Georgia Supreme Court that said the damage caps were unconstitutional. However, this does not simply mean that a plaintiff is able to seek an unlimited amount of restitution – they must prove their case, and the jury will award an amount that they see fit for the injuries suffered.

Contact Us Today To Discuss Your Medical Malpractice Case

If you believe that you have suffered injuries as a result of medical malpractice by a licensed practitioner, contact us today for a free case evaluation. Medical malpractice lawsuits are very complicated, but when you are working with one of our experienced personal injury lawyer in Atlanta you can be confident that we are fighting for the money you truly deserve.

If you are unsure of the next steps to take, would like to learn more about your options, or want to begin the process immediately, we will be happy to discuss your circumstances with you and determine the best course of action for a fair and just amount of compensation for your suffering.

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