Medical Malpractice Lawyer Fort Lauderdale, FL
Our Fort Lauderdale, FL medical malpractice lawyer from Needle & Ellenberg, P.A. knows that one of the most important things to understand before anyone files a lawsuit of any kind is damages. This refers to the claims that can be made in the lawsuit and what compensation can be recovered. In medical malpractice cases, in particular, a lot of people get confused about what damages are valid. To answer all your questions, a hospital negligence lawyer Fort Lauderdale, FL trusts has created this guide that will explain the different types of damages and which damages are possible to recoup in medical malpractice cases.
Types of Damages
There are three types of damages:
- Special compensatory damages
- General compensatory damages
- Punitive damages
The most basic kind is special compensatory damages. These damages are involved in nearly every lawsuit regardless of its type and they refer to financial losses. Essentially, if you can name the exact dollar value of a loss then it falls into this category. Speak with your medical malpractice lawyer in Fort Lauderdale, Florida regarding your special compensatory damages.
General compensatory damages are the opposite of special damages. They refer to non-financial losses. For many claims, you would have to estimate the monetary value of a loss because there is no way to objectively say what it is worth. If this is the case, then it is likely general compensatory damages. The judge will be the one to assign a particular value to these claims but it is possible to get an idea of what they may be worth when you talk with your Fort Lauderdale, FL medical malpractice lawyer about the details of your claim.
Punitive damages are unique because the plaintiff does not claim punitive damages. They are not a form of compensation for the plaintiff but rather a form of punishment for the defendant. The judge may assign punitive damages when he or she decides compensation alone is not enough to properly punish the defendant for irresponsible behavior.
Medical Malpractice Damages
It is very possible and common for medical malpractice cases to involve all three types of damages. As for special compensatory damages, or financial damages, common claims in medical malpractice cases are hospital bills, lost wages due to missed work, purchase of medicine or medical equipment, loss of earning ability, funeral or burial costs, and damage to property. It is easy for the plaintiff to say exactly how much money was lost for each of these claims.
As for general compensatory damages, or non-financial damages, common medical malpractice claims include pain and suffering, emotional turmoil, disfigurement, loss of enjoyment of life, loss of ability or mobility, and loss of companionship. It is not too unusual for punitive damages to be assigned in medical malpractice cases, although the plaintiff and the plaintiff’s attorney have no control over them.
Get Help From a Fort Lauderdale, FL Medical Malpractice Lawyer Today
When you want to file a medical malpractice lawsuit, you need all the legal help you can get. You can learn more by speaking with a medical malpractice lawyer Fort Lauderdale residents have come to trust from Needle & Ellenberg, P.A. who specializes in medical malpractice.