Types of Recoverable Damages in Atlanta Emergency Room Cases
If the staff of a hospital or emergency room makes an error, it can cause serious harm to a patient. When a person is injured due to medical malpractice, they have the right to file for compensation for their losses.
Understanding the different types of recoverable damages is crucial to getting the compensation you need. A skilled attorney could help explain the various types of recoverable damages in Atlanta emergency room cases. Consider calling an emergency room errors lawyer today to learn about the damages you may be able to recover.
Understanding Economic Damages
Economic damages refer to a victim’s monetary losses. For example, if an injured person is out of work for a period of time, an attorney can calculate what he or she would have earned in that period of time and can present that as lost wages. All past and future losses are taken into account when calculating economic damages.
Types of economic damages can include:
- Lost wages,
- Lost earning potential,
- Medical bills, or
- Cost of surgeries.
A local lawyer with experience in emergency room cases could help injured parties calculate their total economic damages.
Compensation For Non-Economic Damages
Non-economic damages refer to losses that do not have an exact dollar amount. These intangible damages could include pain and suffering, disfigurement, or loss of enjoyment of life.
How are Non-Economic Damages Quantified?
The amount of non-economic damages a victim may receive is determined at trial by a jury. If a case does not go to trial and ends in a settlement, the parties can negotiate to determine how much money should be attributed to non-economic damages. A skilled attorney in the area could provide injured parties with insight on how much non-economic damages they may be able to collect in their emergency room case.
Seeking Punitive Damages
If the at-fault party’s actions are considered willful misconduct, malice, or fraud, punitive damages may be awarded to the victim. Though these types of damages are not commonly awarded, they are meant to punish wrongdoers and deter them from committing harmful acts in the future.
How are Punitive Damages Awarded?
Punitive damages are awarded by a jury. Typically, a jury reaches a decision on the underlying case then determines if punitive damages are warranted.
If the jurors decide punitive damages should be awarded to the victim, a separate trial takes place. In this trial, the injured parties present evidence related to intentional malice, then the jury decides much punitive damage they should recover.
How an Emergency Room Error Lawyer Can Help You Today
Recovering from an injury can be a long and painful process. You should not have to deal with the stress of a complex legal case while you heal.
The dedicated attorneys at Warshauer Woodward Atkins can help ease that burden by guiding you through your medical malpractice claim. Call today for a free case review and determine the types of recoverable damages in Atlanta emergency room cases.