You have read about multi-million dollar medical malpractice payouts in the news. Stories like this make it to the news not because they are typical, but because they are so rare. While many people sue for medical malpractice, very few receive awards that are hefty enough to draw much attention.
Knowing this leads many people to ask us what their case may be worth. While each situation is unique, there are common factors that help to determine the type of award someone will be granted.
1. Economic Damages
Economic damages are calculated with near-perfect accuracy. Economic damages are past and future medical expenses, past and future lost wages, past and future adaptive devices and past and future medications.
These types of damages are accurately calculated because they usually come with receipts or bills. Future damages may be more difficult to calculate, but it can be done.
2. Non-Economic Damages
These damages cannot be calculated down to the penny. These types of damages may include mental anguish, pain and suffering, inconvenience and disfigurement. Non-economic damages vary from case to case, making it even more difficult to calculate their worth.
3. Damage Caps
In the state of South Carolina, there is a cap on non-economic damages. While a judge or jury has discretion on limiting the amount of economic damages, non-economic damages can not rise above $350,000. This means that no matter the amount of pain and suffering and the like that your attorney calculates, you will not be paid any monies that are calculated over the maximum amount. Keep in mind, however, that these monies are in addition to any economic damages awarded, they are not the totality of your case.
Few cases result in millions of dollars, but the point of a medical malpractice case is not to make a plaintiff rich. Rather, filing a lawsuit should be done with the intent of recovering any monies that were lost as a result of injuries that were not the plaintiff’s fault and wouldn’t have had to have been spent if medical negligence or error had not occurred.
If you or a loved one has been suffered medical malpractice in Charleston, please reach out to our team of experienced attorneys. We will schedule an appointment for a free case evaluation during which we will provide you with your options. You have a right to remedy for your injuries, call us today for assistance.
