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November 10, 2021

How Are Pain and Suffering Damages Involved in Medical Malpractice Cases?

If you have been injured due to medical malpractice or think that this might have been the reason for your injuries, you need to seek the help of a lawyer that can help you with your case. Securing the correct compensation requires that a thorough investigation be done into the reason that you were harmed, and you will want to have the help of an attorney if you want to seek a settlement or a trial related to a medical malpractice case.

Medical malpractice cases are expensive and time-consuming to try but they can yield huge damages settlements when there is sufficient evidence to link the medical mistakes that were made to your injuries. This is especially true when pain and suffering are involved, but it can be hard to put a number on emotional damages. Your attorney will be able to help with this process and make sure that you get the compensation that you deserve after your accident.

If you are ready to learn more about the pain and suffering damages that you might be owed after a medical malpractice accident, read on!

What is Medical Malpractice?

Medical malpractice happens when a healthcare professional does not provide the standard of care that is expected of them, and this leads to an injury or even the death of a patient. Medical malpractice is different than medical negligence because it is done willingly, knowing that harm could be done to the patient or patients involved. Medical malpractice is not as common as medical negligence, but it is often far more harmful to the patient.

Medical malpractice cases are often linked with doctors and other healthcare professionals being disbarred or prevented from practicing medicine in the state where the incident occurred. This is part of the reason that these cases are so expensive to try because they often require lots of due diligence to be sure that the repercussions of the actions that were taken are suitable for the injuries that were caused.

How Are Pain and Suffering Damages Involved in Medical Malpractice Cases?

If you have been harmed through medical malpractice, your lawyer will take a look at your medical bills, your ongoing medical care related to the original incident, and the other costs that were associated with your accident. They will also take into consideration your time away from work and other costs that might not be as obvious related to your ongoing health issues.

The other part of the compensation demand that they will need to attach a number to, is the pain and suffering portion of the compensation demand. This is a hard item to attach a real number to. After all, this is emotional damage that is being given a value and not items that you have paper bills for.

Pain and suffering are assigned a dollar number through the use of a matrix in most cases. This is often the same matrix that is used by insurance companies that are working on similar damages demands related to car accidents and other incidents that cause physical harm. This matrix takes into consideration the potential long-term suffering and anguish that might accompany a significant accident or injury and makes sure that there is some room to increase the demand to a higher number if the person who was injured has had their quality of life significantly impacted by the accident.

These matrices do not take into consideration the rules and regulations about these demands in your state, so your lawyer will have to know what the cap is on these kinds of demands for your location. There are also some other caveats that can impact the amount that you ask for these kinds of damages in certain states to attempt to make sure that the compensation that is asked for is reasonable.

Pain and suffering claims might have to be backed by testimony from a former boss who had to let you go due to your injuries or there might be a need to call family and friends to the witness stand to testify about your inability to enjoy your life now that you have been hurt. Things like fear and emotional anguish might also be supported in court by the testimony of a therapist or other mental health professional who has been treating you.

You will have to be willing to consent to these more personal details about the case being released if you want to be able to support your pain and suffering claim. This can be a hard thing to experience in court, but it is well worth it if you are unable to enjoy your life and cannot return to work or to normal activity due to the injuries that you suffered at the hands of a health care professional who did not do their job.

Working With a Skilled Medical Malpractice Lawyer Matters

There are many reasons why you will need to work with a skilled personal injury lawyer after a medical malpractice injury. You will need to have help with the investigation portion of the process and your lawyer will need to gather witness and expert testimony to help support your case. If you have been uncertain what damages you can ask for, your lawyer will know and will be able to help you to craft the right compensation demand for your needs.

Working with Kennedy Law Firm is an essential part of being sure that you will get the compensation that you deserve after your accident. You will want to have the best legal counsel available to you when you are trying to make sure that your case for medical malpractice is handled correctly, and our skilled team can make sure that you get the right assistance with your case. We care about making sure that our clients get the compensation that they deserve after their medical malpractice injury.

Contact us today for help with your medical malpractice case and to seek the compensation that you deserve for your injuries and pain and suffering.

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