Whenever a patient sustains injuries from a medical mistake, they may suffer from long term consequences, or even lose their life. Sometimes, a medical error can result in thousands to millions of dollars in damages, but recovering these damages is a complex process. It is for this reason that it is important for victims of surgical mistakes to contact an experienced Indianapolis, Indiana surgeon malpractice lawyer as soon as possible after they have sustained injury. Acting quickly helps to preserve a victim’s legal options and helps to ensure their rights remain protected.
“Damages” is a legal term that essentially refers to monetary awards which compensate a victim who has been harmed by negligence, wrongdoing, or otherwise a breach of duty. Usually, the damages awarded in a medical malpractice case are higher than standard personal injury claims. An Indianapolis, IN surgeon malpractice lawyer can estimate the kinds of damages you may be entitled to after learning about the circumstances of your case. The following categories of damages may be available, depending on your circumstances:
Compensatory – Also known as economic, non-economic, or actual damages, these are damages that compensate the victim for their actual losses.
Punitive – Punitive damages are not applicable in all states and whether they will be included in your case will depend on a number factors. These damages may be awarded as a means of punishing the defendant for their gross negligence and to discourage them from making the same mistake again.
Recovering Economic Damages
In medical malpractice cases, these are the tangible and quantifiable losses that you have sustained because of the injuries you sustained. These damages can be calculated with bills, receipts, invoices, paystubs, and so forth. Economic damages are the easiest type of damages to work out, and are almost always covered in a case.
Essentially, any of the following, or other expenses incurred because of your injury, will be compensated in a successful case:
An Indianapolis, IN surgeon malpractice lawyer can help you to determine the full extent of your economic losses to ensure they are included in your case.
Non Economic Damages
In addition to recovering economic damages, and potentially, punitive damages, you may be able to recover non economic damages, also referred to as general damages. These are intangible damages, such as emotional or psychological harm that results from the medical malpractice. Typically, an Indianapolis, IN medical malpractice lawyer will appraise your case and the extent to which you’ve been affected. After, your lawyer may ask the insurance company or a judge to award you a certain amount of non economic damages based on these estimates. Examples of non-economic damages include:
For more information, or to speak with a surgeon malpractice lawyer that Indianapolis, IN trusts, call Ward & Ward Law Firm, today.