How much could your medical malpractice claim be worth? Not only does this depend on the type of harm caused by the malpractice (physical, financial, mental, etc.), but the worth of a claim will also depend on the state where the claim is filed. Some states have caps that set a limit on a specific type of damage, or on the total amount of damages that can be recovered. Also, in some places, whatever you have collected from insurance would be deducted from the malpractice damages. Continue reading to learn about the different types of damages you could recover and how to go about recovering them.

First of all, you would have to be able to prove that the malpractice caused loss of some kind. Then you have to establish some kind of financial estimate on the damage. There are three kinds of damages that you could establish in your medical malpractice claim: general, punitive, and special.

General Damages

These are the kinds of damages that are not quantifiable. Physical and emotional pain are two such damages. This is not like medical bills, which have a precise numerical value. How do you put a monetary amount on something such as being unable to play a sport anymore (loss of enjoyment of life)? And while you can identify what you have already lost in wages, how do you estimate the earnings you will lose out on in the future because of an injury? It will vary completely from case to case. What usually happens is that the injured patient has to prove all this harm, and medical experts can testify about what these injuries could mean in the future. Also, the younger the patient, the more compensation may be warranted for a permanent injury, for example.

Punitive Damages

While other compensation is meant to help the patient to recover as much as possible from a case of medical malpractice, punitive damages are meant to punish a maliciously negligent medical professional. This could be something like a surgeon who purposefully sews up a patient with a sponge inside of them so that they have to pay for a second surgery. State laws will affect how these damages are awarded, and a court or jury will have decide how much these damages will be.

Special Damages

These damages are the clearest cut, as they do in fact come with an exact price. This includes the medical expenses you incurred because of the malpractice and how much you missed in wages due to temporary or permanent disability. Establishing an amount to recover for special damages is often much more straightforward than it is for general or punitive damages.

Wrongful Death

Perhaps you need to file a claim on behalf of a loved one you lost because of medical malpractice. State laws will again govern how this works. With survival statutes, the heir or estate of the deceased can collect the damages. These damages would fall along the same three types of damages, except for the future estimates, such as future lost wages. In some cases, survival statutes stipulate that funeral costs should be covered. Then there are wrongful death statutes. This is compensation to the family for future financial loss. In some states, these go to the bereaved family for loss of companionship and emotional anguish as well. Which family members can recover damages will further depend on state law.

Because there is so much variation between state laws, this can only be a general overview. When you need answers for your specific case, be certain to consult with a legal expert. Find a dedicated medical malpractice lawyer today!