Types of Damage in a Medical Malpractice Lawsuit

When one refers to damages in a medical malpractice lawsuit, it is a way to try to figure out what exactly the injured patient has lost. In most cases, these damages consist of a dollar amount, and two different types of possible damages to be recovered; damages capable of calculation and damages not capable of calculation. If you or someone you know has been injured by medical malpractice, it is important to contact a reputable attorney right away, as you may be able to recover significant damages. Jacoby& Meyers, LLP NY has been recovering damages for medical malpractice for many years.

Damages capable of exact calculation are special damages consisting of lost earnings and earning capacity. This includes medical bills and any other financial losses due to the injury or illness of the medical malpractice. Lost earning and earning capacity refer to the amount of earnings and benefits you’ve already lost and will lose due to your injury. Damages capable of exact calculation must be calculated according to present value, even though a portion of the lost earnings may not happen for years to come.

There are three basic problems that often arise when it comes to calculating lost earnings and earning capacity. For example, if you are not working at the time the injury occurs, if you are in the midst of starting a new job when you encounter the medical malpractice, or if you are self employed calculating lost earnings can get complicated. If you are unemployed at the time of your injury, you can usually collect your compensations based on your earning capacity previous to the injury. In the event that you were injured right before starting a new job, as long as you can prove that you’ve been hired you’ll be able to collect based on your future earning capacity. Finally, if you are self employed, your attorney will carefully look through your earnings and tax records to make sure that your actual earnings match your claims.

Damages not capable of calculation are non-economic damages, such as mental trauma and pain and suffering. These damages are not capable of being calculated due to the fact that a judge cannot put a price tag on one’s pain and suffering due to the unique factors of every medical malpractice lawsuit. In most cases, your insurance company will use a multiplier to calculate pain and suffering as a portion of your exact calculation for damages.

If you or someone you know has become ill or injured as a result of medical malpractice, contact the law office of Jacoby & Meyers, LLP NY today. Our team of personal injury lawyers will be able to guide you in collecting the damages you deserve, while offering you experienced legal representation. Call us today at (877) 504-5562.

Dear friends and clients,

In furtherance of our firms culture of commitment to always act with compassion, concern and commitment to our clients, community and colleagues, we have been taking precautions to ensure that we are still fulfilling our ethical and moral obligations while prioritizing health, wellness and safety of all we can. 

As you know, the COVID-19 pandemic has introduced changes to many lives and businesses in our communities, and around the world. We, much like our neighbors and friends, have been taking precautions to ensure that we are still fulfilling our ethical and moral obligation to our clients, while also prioritizing the health, wellness and safety of our employees.

Until further notice, our offices will be closed to the public to encourage social distancing and to help prevent the spread of COVID-19. Our team is still hard at work, many from home, and you may still call, email, live chat or video conference us if you or a loved one is seeking legal assistance. As the first law firm to offer our clients secure online access to their case file more than a decade ago, we have always been believers in using technology to make life easier and information more accessible. In these present times it has been a smooth transition for us to continue to offer our clients the same seamless and thorough service that you deserve and are accustomed to.

This pandemic is unlike anything any of us have faced in our lifetimes, and while we can continue to emotionally support one another through it all, staying home and keeping your distance is vital to the health and wellness of our communities. It does not feel good to break routines, cancel events and retreat from our normal, day-to-day socializing, but let us remember that, in times of strife, prior generations were asked to go to war and we are simply being asked to stay home. Your isolation equals more lives saved, and more time for medical providers to prepare for the treatment of patients battling COVID-19.

When the dust settles, we will join together with a greater appreciation for our lives, local businesses, loved ones and health. Until then, we will continue to offer guidance from a safe distance.

Very truly yours,

Andrew G. Finkelstein and the staff of Jacoby & Meyers, LLP