Attorney Joseph Taraska of Orlando, Florida is a senior trial lawyer of complex litigation, representing injured individuals. In the following article, Attorney Joseph Taraska offers an in-depth look at the different types of damages that may be awarded in a medical malpractice lawsuit, as well as some of the specific factors that are considered when deciding how much should be awarded.
Medical malpractice lawsuits can be extremely complex, and one of the most important aspects of these cases is the determination of damages. This is often a difficult process, as victims may suffer a wide range of injuries that must be taken into account. So how are damages in medical malpractice lawsuits measured?
Attorney Joseph Taraska of Orlando, Florida explains that damages in medical malpractice lawsuits are typically measured by both economic and non-economic factors. Economic damages try to quantify the financial costs of a victim’s injuries, such as lost wages or medical expenses. Conversely, non-economic damages attempt to place a value on the intangible losses that victims suffer, like pain and suffering or loss of quality of life.
Attorney Joe Taraska on the Determining Factors Used
Determining the amount of damage in a medical malpractice lawsuit is often a difficult and intricate process, as victims may suffer significant losses. Attorney Joseph Taraska of Orlando, Florida explains that there are four main factors that are used to determine the value of these damages:
• Economic Damages
Attorney Joseph Taraska of Orlando, Florida says that one of the first items that must be taken into account when measuring damages in medical malpractice lawsuits is the victim’s financial losses. This includes any costs that were incurred as a result of the injury, such as medical expenses, lost wages, and loss of future earnings, especially if the victim is unable to return to work. It may also include Loss of Services, Loss of Support and Loss of Net accumulations depending on the circumstances. Loss of Services is generally thought of as the loss of the ability to perform household tasks that must now be performed by another. Loss of Support is the money the injured person contributed to a spouse or child’s support. Loss of Net Accumulations is generally the value of the sums that one would normally save if not injured. Calculation of these amounts often require the assistance of an economist.
Depending on the state’s laws, there may also be circumstances where an injured person would be allowed to collect some of their litigation costs as well as attorney fees.
• Non-Economic Damages
Attorney Joseph Taraska of Orlando, Florida explains that non-economic damages are more difficult to quantify, as they represent the intangible losses that result from a victim’s injury. These can include everything from pain and suffering to quality of life. In certain cases, monetary damages may be awarded for things like disfigurement or loss of consortium (the loss of the victim’s relationship with their spouse or child).
There are a few other factors that may be considered when measuring non-economic damages, such as the age and income of the victim, whether or not they were disabled before their injury, and how severe their injuries are. In addition to these individual factors, there may also be caps on monetary rewards in certain states.
• Punitive Damages
In addition, some victims of medical malpractice may also be able to bring a claim for punitive damages. This type of award is designed to punish the defendant for particularly egregious actions, such as reckless or intentional behavior and deter future acts.
Punitive damages are usually only awarded in cases where the defendant’s actions were intentional or reckless. In addition to these factors, punitive damages are also usually capped in some states due to their economic impact on defendants according to attorney Joseph Taraska of Orlando, Florida.
• Interest
Finally, attorney Joseph Taraska of Orlando, Florida says that victims of medical malpractice may depending on their state laws also be entitled to interest on the damages that they have been awarded. This interest typically starts accruing at the time of the injury and continues to grow until a final settlement or judgment is reached.
Why Damages Can Be So Difficult to Measure
Attorney Joseph Taraska of Orlando, Florida says that while there are factors used to calculate the value of non-economic damages in a medical malpractice case, this is still a difficult and highly individualized process. As a result of the importance of correctly calculating damages, it is crucial that victims work with an experienced lawyer to ensure that they receive the full amount of compensation that they deserve.
Final Thoughts
In the case of a medical malpractice lawsuit, determining the value of damages can be a complex and difficult process. There are a number of factors that must be taken into account and the determination of damages is highly individualized. For this reason, specifying the value of damages in such a case can be a challenging task.
