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 Common Is Locked-In Syndrome?
11 jan
How Common Is Locked-In Syndrome?

The exact prevalence of locked-in syndrome, called LIS, is not known. However, it is an extremely rare condition. There is less than one case out of every million people, with only a few dozen cases officially diagnosed. Those whose loved one suffers from this devastating syndrome may try to care for their family member at

Read More
Can I Sue If I Am Unhappy With The Outcome Of My Surgery?
25 apr
Can I Sue If I Am Unhappy With The Outcome Of My Surgery?

Do Medical Malpractice Laws Allow Me to Sue If I Am Unhappy With the Outcome of My Surgery? Because surgical outcomes are not guaranteed, simply being unhappy with the results of a procedure is typically not in itself grounds for a lawsuit. For instance, if a patient struggling with obesity undergoes gastric bypass surgery and is

Read More

Compensatory Damages - News Articles

Oregon Family Files a Medical Malpractice Lawsuit Against the St. Charles Health System
13 jun
Oregon Family Files a Medical Malpractice Lawsuit Against the St. Charles Health System

After nine months of waiting, Angela Marchant went into labor on July 22, 2016. She was rushed into the St. Charles Family Birthing Center, located in Bend, Oregon. The center is operated by the St. Charles Health System, which is one of the largest providers of medical care in the state of Oregon. According to

Read More
Florida House of Representatives Approves Medical Malpractice Bill
01 oct
Florida House of Representatives Approves Medical Malpractice Bill

Last week, Florida’s House of Representatives approved a business-backed bill that will shift the state’s test for the admissibility of expert witness testimony from the Frye standard to the Daubert standard.  Approximately 28 other states and the federal courts use this tougher standard, which critics say would pose a challenge for patients who pursue medical

Read More