Damages in Personal Injury Cases

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The medical field is a very important sector within any society. The efforts the medical field has achieved in terms of medical breakthroughs are at times beyond description, especially with regard to surgical technique and imaging capabilities. However, it’s unfortunate that some physicians let their guard down when providing healthcare services, to the extent of harming innocent patients due to their failure to take appropriate time to consider the relevant facts and to consult with appropriate specialists before making decisions. Most victims of those poor decisions normally incur injuries that change their lives completely.

 

When it comes to lawsuits associated with physical injuries, there are cases that are two types of cases closely related. These include personal injury and medical malpractice cases. Finding the right lawyer is normally one of the most important things that a victim should initially embark on. However, you need to understand that a medical malpractice lawyer is a unique, more experienced type of lawyer to look for if you or a loved one were the victim of medical malpractice.

 

Cummings Law is a law firm located in Nashville, Tennessee, which specializes in medical malpractice litigation and personal injury cases. The company has managed to recover more than $25 million dollars of verdicts and settlements for its clients in just the past few years. Founding partner Brian Cummings is an accomplished lawyer with over 20 years of experience and is also a lifetime member of the Multi-Million Dollar Advocate Forum. He has several bar memberships including in Tennessee, Hawaii, and California. In order for a victim to emerge triumphant when faced with a legal battle, he or she has to have a lawyer who has a pool of experience as well as a team of experts. Besides giving the victims valuable insights, an attorney with an impeccable track record can assure them of a satisfactory compensation in or out of court.

 

According to the law, ‘damages’ refer to the injuries that a plaintiff can seek financial compensation in a lawsuit. When you take a closer look at the matter of compensation, victims can be awarded certain damages depending on the type of injury they’ve incurred. The widely-known types of damages in personal injury cases include compensatory damages and punitive damages.

 

Compensatory damages

This type of damages is further broken down into categories known as economic damages and non-economic damages. Both of these types of damages seek to reimburse the victim for the injury as well as the costs incurred for current and future medical expenses.

 

Economic damages

 

Economic damages include the type of damages that can be easily calculated.

 

Medical Expenses

Medical expenses are one type of economic damages. This includes past medical expenses for doctors’ visits, hospital admissions, imaging that was done, ambulance trips, and outside lab testing.

 

Lost income

Lost income is another type of economic damages. This include the amount of pay and benefits that were lost due to the alleged medical malpractice. Those benefits can include lost comp time, lost vacation days, lost contributions to retirement plans, and other similar benefits of employment that were lost due to the time away from work.

 

Non-economic damages

 

Non-economic damages are another type of compensatory damages. Basically, non-economic damages are damages that are not easily subject to calculation. This includes pain and suffering, mental anguish, loss of enjoyment of life, and in a wrongful death case – loss of relationship/loss of consortium. These damages are not easy for a jury to determine, but they are just as recoverable as other damages.

 

Being Awarded Damages

At a jury trial, the jury is given the opportunity to award damages to a plaintiff if the weight of the evidence supports such an award. This would occur after a jury first finds that a defendant was negligent and that this negligence likely caused injuries and damages that would not otherwise have occurred absent the negligence. The evidence makes the difference, as does having a persuasive and skilled attorney to build and presen

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