Malpractice falls under the category of personal injury cases. There are different types of compensation that are awarded to victims of medical negligence. If one can show their injuries were caused by malpractice, and have documentation of medical expenses and lost wages, they may have a good chance of receiving a settlement. If you or someone you love has been the victim of malpractice, don’t wait. A medical malpractice attorney in Roscoe professional will fight to ensure your rights.
General Damages
These types of damages refer to how much the victim’s quality of life has been affected by the injury they’ve suffered. Naturally, having a debilitating injury, whether it’s temporary or permanent, can reduce the enjoyment the victim gets out of life. If they were an active person before their injury, and are now mostly confined to their home, they’ll likely suffer emotionally as well as physically. Many victims of personal injury find they may not be able to earn money at the same rate they used to. It may be likely that they’ll be forced to give up their job if it requires too much physical strain. If you’ve suffered physically, emotionally, and financially as the result of malpractice, a medical malpractice attorney can fight for you.
Special and Punitive Damages
The initial burden of proof always lies with the party filing the claim. A victim of malpractice will be required to prove their injury was the result of medical negligence, and must provide proof of expenses. If the plaintiff can do this, they may be entitled to general damages as well as special damages. Special damages are granted to the plaintiff to help cover the costs of any medical bills that accrued and any lost wages. In some cases where the courts deem a defendant’s actions intentionally negligent, the plaintiff may also be granted punitive damages. These types of damages usually consist of very steep fines that are paid to the plaintiff as a form of reformatory action. Punitive damages are always granted on top of any compensatory compensation, and never on their own.
