This includes ongoing treatment, rehabilitation, medications, and even adaptive equipment like wheelchairs. These expenses can be included in your claim, ensuring you will not have to pay out of pocket for future care. New York General Obligations Law § 15-108 allows plaintiffs to seek compensation for anticipated future expenses that result from the malpractice.
How Are Medical Malpractice Claims Calculated?
Calculating Economic Damages
Economic damages are usually straightforward switzerland phone number example to calculate. You can document your financial losses using your medical bills, rehabilitation costs, and pay stubs. For future losses, such as loss of earning capacity, lawyers often bring in experts to project the financial impact your injury will have over time. For instance, if you can no longer perform the job you had before the injury, a financial expert may calculate how much you would have earned over the remainder of your career to ensure that amount is factored into your settlement.
Calculating Non-Economic Damages
Non-economic damages are calculated using a multiplier method. This means that the severity of the injury is multiplied by a number—typically between 1.5 and 5—to determine an appropriate amount for pain and suffering. For example, if your injury causes permanent pain or emotional trauma, a higher multiplier would be applied, increasing your compensation—the more severe the injury, the higher the multiplier, resulting in greater compensation for non-economic damages.
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