What Types of Damages Can I Receive From a Malpractice Lawsuit?

If you or a loved one are the victim of medical malpractice and you win a judgment, there are two basic types of damages you can receive. They can be generally categorized as economic and non-economic damages.

In this Litigation Guide article we will explain economic and non-economic damages and what you can expect from a malpractice lawsuit.

Economic Damages in a Malpractice Lawsuit

If you win a lawsuit for medical malpractice, part of the cash awarded to you will likely be for monetary losses and expenses. You will be compensated for the medical expenses you have incurred, the loss of wages due to being unable to work and other expenses related to your care and treatment.

In addition, if your medical malpractice attorney can demonstrate that you have long-term or permanent injuries that will produce medical expenses or loss of wages in the future, you might receive economic damages for future loss. Choose a litigation attorney to represent you who has a good understanding of the future cost of your injuries.

Non-Economic Damages in a Malpractice Lawsuit

These damages are sometimes called punitive damages, damages for emotional distress or damages for pain and suffering. A jury or judge will often award non-economic damages in a medical malpractice lawsuit based on what you have suffered since the malpractice and what you are likely to suffer in the future. This is where a good medical malpractice lawyer can serve you well, by demonstrating how the malpractice has permanently affected your life, limiting your mobility, leaving lasting pain or other serious negative consequences.

Receiving Damages from a Malpractice Lawsuit

The first step is to find a qualified malpractice attorney to represent you. Often called litigation attorneys, they can review your case, depose those involved, get all medical and hospital records including the histories of the medical personnel, and hire medical experts to review and help make the case.

Look for a malpractice lawyer with good experience in the type of case you have. You might want to discuss your malpractice lawsuit with more than one litigation attorney to find the one you believe will be most effective in representing you and winning a medical malpractice settlement or judgment on your behalf.