Compensatory Damages

Compensatory Damages Compensatory damages are the most common type of compensation awarded in medical malpractice cases.

The most common damages awarded to victims in medical malpractice lawsuits are compensatory damages. As the name indicates, compensatory damages compensate patients for losses they suffered due to medical malpractice.

Compensatory damages come in two forms: economic and non-economic damages. Economic damages compensate patients for actual financial losses, while non-economic damages provide money for losses that do not have a specific dollar value.

For help understanding compensatory damages and medical malpractice law, contact the lawyers at Medical Malpractice Help at 855-633-2757.

Economic Damages

Economic damages involve actual financial losses and can be quantified in dollar terms. If a patient gets a bill for it, it is probably an economic loss. If it involves money a patient missed out on because of their injuries, such as a paycheck not earned because the patient missed work while recovering, it is also an economic loss.

The most common types of economic damages include:

How to Calculate Current and Future Economic Damages

To come up with dollar values for the economic damages a patient has already incurred, we add up the medical bills, paychecks they have forfeited while missing work, plus any other actual costs they have incurred due to their injuries.

While anticipated losses also involve exact amounts, it can be challenging to come up with a fair value for costs a patient is likely to face in the future. It is easy to overlook some of the more obscure costs a patient might incur in the future and, as a result, leave them out of a settlement agreement. Once a patient agrees to a settlement, their medical malpractice case cannot be reopened if they need more money to pay for unanticipated costs. That is why we consult with experts who can offer accurate estimates on your future damages.

Non-Economic Damages

Non-economic damages are as legitimate as economic losses. However, since they do not involve the forfeiture of actual money, it is more challenging to assign a dollar value to non-economic damages. These damages include:

While the patient does not receive a bill for any of these costs, they result in significant losses. The patient deserves fair and just compensation for these damages. Our medical malpractice lawyers can navigate your state laws governing non-economic losses and help you win a fair and robust settlement.

How to Calculate Non-Economic Damages

Each state has its own rules on how to calculate non-economic damages. In some states, for instance, the patient can multiply their economic damages by a certain factor—such as 1.5 or 2—to come up with a value. Also, many states place limits on damage awards for medical malpractice. California, for instance, limits these damages to $250,000.

Call Medical Malpractice Help for a Free Case Evaluation

At Medical Malpractice Help, our legal team can help you pursue the fair compensation you deserve for the injuries you or your loved one suffered at the hand of a negligent physician or healthcare provider. For a free case evaluation, call our office at 855-633-2757 today.


Compensatory Damages - Frequently Asked Questions

How Do I Obtain My Medical Records?
25 apr
How Do I Obtain My Medical Records?

How Can I Obtain My Medical Records If I Have Questions About My Treatment? The Health Insurance Portability and Accountability Act (HIPAA) gives you control over your medical records. That means you can obtain your medical records when you need to and you can shield them from others. This includes paper records and charts as well

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If I Can Prove That the Defendant Violated the Standard of Care, Does That Mean I Win My Case?
29 mar
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Compensatory Damages - News Articles

Family Files Malpractice Lawsuit Against Texas Hospital over Alleged Cover Up
09 jun
Family Files Malpractice Lawsuit Against Texas Hospital over Alleged Cover Up

Family Files Malpractice Lawsuit Against Texas Hospital over Alleged Cover Up Early in 2015 Cris Chapa brought her mother, Manuela Chapa, to the Kindred Hospital located in Sugar Land, Texas. Manuela, then 87, was suffering from pneumonia and her condition was worsening. So the Chapa family was not shocked when they were called in to

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Florida Doctor & Signet Found Negligent for Misdiagnosing a Woman’s Breast Cancer; Marlande Lazard Awarded $21.6 Million
17 may
Florida Doctor & Signet Found Negligent for Misdiagnosing a Woman’s Breast Cancer; Marlande Lazard Awarded $21.6 Million

After Marlande Lazard moved from Haiti to Miami 26 years ago, she began traveling back to the Caribbean island on medical missions, determined to teach women there how to check themselves for breast cancer. So, four years ago when she felt a lump on her chest, she knew that she needed to go to the

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