If you have recently been hurt or become ill because of negligent care by your doctors, you know that money alone cannot make up for the suffering you have endured. That said, medical malpractice litigation could still do a lot to minimize the impact that suffering has on your life and alleviate specific financial losses that the misconduct of your physician has caused or will cause you.
Of course, before you begin a lengthy and stressful legal dispute, you want to know what kind of compensation you can expect to receive if you are able to negotiate a settlement or get a favorable verdict in civil court. Here is a brief overview of the factors that may determine how much you can sue for in a medical malpractice case in Pennsylvania.
The financial value of a medical malpractice lawsuit is not based on how subjectively bad the person’s injuries were. Instead, it is based on the specific compensable losses the person has suffered and will suffer because of their injuries, and more specifically on what amount of money would be needed to make up for those losses as much as reasonably possible.
The process for calculating compensation for a specific loss can vary depending on the nature of the loss. For economic damages like medical bills and lost work income, figuring out how much someone can sue for is usually a fairly straightforward matter of adding up numbers listed on receipts, bills, invoices, and pay stubs.
For non-economic losses like physical pain and psychological trauma, things are more complicated. Unlike economic damages, these types of losses do not have quantitative financial values, so a person will need to estimate a fair value for them based on their own unique experiences and needs. This is one of many things a skilled medical malpractice attorney can provide vital assistance with during this sort of civil claim.
Some states place a cap on damages recovered through medical malpractice claims. This cap is a maximum limit on compensation an injured or sick person is allowed to ask for, usually applying only to non-economic damages but sometimes applying to both economic and non-economic damages.
Fortunately, for people hurt by medical misconduct in Pennsylvania, there is no cap. While there is a cap placed on punitive damages in all personal injury cases, those types of damages are only awarded in cases involving extremely egregious negligence, criminal fraud, or malicious misconduct.
If you have further questions about how much you may be able to sue for in your specific Pennsylvania medical malpractice claim, our lawyers could provide the answers and information you need. Call today to schedule a consultation.