What Costs Can I Claim in a Medical Malpractice Claim?

What Costs Can I Claim in a Medical Malpractice Claim?

If you believe that you were a victim of medical malpractice in Pennsylvania, you may be eligible to file a medical malpractice claim. In order to find out whether or not you are eligible to file a claim, speak with a knowledgeable medical malpractice attorney in Philadelphia today. Call, schedule a free consultation and receive a free case evaluation.

Most medical malpractice claims settle within 2 years. The plaintiff could obtain compensation for:

  • Economic damages (damages that can be calculated to the exact number)
  • Non-economic damages (damages not capable of exact calculation)

Here is everything that you need to know about a medical malpractice claim and the types of damages that you can claim once your claim settles on your behalf.

Economic Damages

Most economic damages can be calculated on the spot. These usually include:

  • Lost earnings
  • Loss of earning capacity
  • Medical bills
  • Other financial loses caused by medical malpractice

To calculate all the damages, your attorney will most likely have to hire additional professionals who will help with the exact calculation. Their fees will also be deducted from the final compensation.

There are several problems that can occur with the calculation of lost earnings:

  • You were not employed at the time of the injury
  • You had an offer to take a new job, but the injury prevented it
  • You are self-employed

Compensation for medical bills involves everything from the moment of the injury until you are fully healed. This includes all the future medical bills for medication, surgeries, walking aid, house care and, prescription drugs.

Non-Economic Damages

These types of damages are harder to calculate. They include:

  • Loss of consortium
  • The pain and suffering caused by the medical malpractice
  • Mental anguish

If your case goes to trial, it may be harder to determine the full value of your pain and suffering, as the jury may find it difficult to set a “value” on your pain. However, if it is beyond evident that you are in a great amount of pain and are under strong painkillers (issued by your doctor), you will gain greater compensation.

Most parties want to try and settle outside of the courtroom. If the case goes to trial, it will cost both parties a lot more money and will take more time to settle. Be sure to ask your attorney to help you settle outside of court, even if you have no other options than to accept slightly lower compensation.

Compensation for medical malpractice could be anywhere between $100,000 and $2,000,000 depending on the severity of the injuries and how they affected the plaintiff. Some states have laws that capped the maximum amount a person can receive for their non-economic damages. To learn more about these caps and what they are in your state, be sure to get in touch with  Philadelphia medical malpractice lawyers today, schedule your free initial consultation and obtain all the information that you need to successfully file a claim. Call us today at 267-587-6240.