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.