Georgia medical malpractice laws provide damages for victims injured through intentional torts, negligence, and other wrongdoing.
When you are injured in Atlanta, GA, you can seek compensation for damages from the parties who caused your injuries.
Generally, compensatory damages fall into one of two categories: economic damages or non-economic damages.
What Are Economic Damages in an Atlanta Medical Malpractice Case?
Economic damages include the monetary harm and financial losses caused by the other party’s actions. These expenses would not have been incurred but for the other party, causing you to be injured. They include the cost of treating your injuries, but economic damages include much more than medical bills.
Non-economic damages are different. They represent the pain and suffering you experienced because of the injuries and accidents. These damages also compensate you for impairments and loss of enjoyment of life.
Common Types of Economic Damages in an Atlanta Medical Malpractice Case
Any expenses, bills, or financial losses associated with your injuries, recovery, or accident should be included in economic damages. Examples of the types of economic damages included in a medical malpractice case in Georgia include:
Initial Medical Bills
You may have incurred several types of medical expenses required to treat your injuries.
Examples of medical bills and expenses include:
- Emergency room and ambulance services
- Diagnostic tests, including x-rays, CT scans, MRIs, etc.
- Hospital stays, including surgeries
- Doctor’s bills
- Medications, supplies, and medical equipment
- Rehabilitative costs for physical and occupational therapies
Seeking prompt medical care after an injury is in your best interest. Immediate medical care protects your health. It can also strengthen the evidence in your case.
Loss of Income During Recovery
While you are recuperating from your injuries, you may incur substantial lost wages, salaries, and other income. You can include these amounts in your medical malpractice claim for reimbursement. Income can also include tips, commissions, benefits, bonuses, overtime pay, gig work, and other income you would have earned had you not been injured.
Property Damage
If your vehicle or personal property was damaged because of the other party’s actions, you may also receive compensation for property damages. Generally, property damage claims are settled before medical malpractice claims.
Before signing any documents, seeking legal advice from an Atlanta medical malpractice lawyer is best. You need to ensure you are not signing any forms that could release the party from all damages. The insurance company is not a trusted source for this information.
Out-of-Pocket Expenses
This economic expense is a catchall category for expenses such as:
- The cost of someone helping you with household cleaning
- Personal care and/or in-home nursing care
- Travel expenses to and from medical appointments
- Wheelchairs, bedside toilets, crutches, etc.
- Funeral expenses, in the event of a wrongful death
- Help with childcare
It is crucial that you keep detailed records for out-of-pocket expenses, including bills, receipts, invoices, etc. You must prove the expenses were necessary and reasonable.
Future Economic Damages
If you sustain lifelong disabilities or impairments, you may incur future damages. These economic damages are ongoing losses and expenses because of a life-altering injury.
Examples of future economic damages include, but are not limited to:
- Ongoing medical treatment
- Long-term nursing and/or personal care
- Future lost wages and benefits
- Diminished earning capacity
- Accommodations to your home or car because of your permanent disability
Proving future damages can be challenging. We may need to retain medical specialists, financial professionals, and other expert witnesses to assist with analyzing the severity of the damages and the extent of the losses. Then, with the help of experts, we estimate the financial losses based on several factors, such as your age and anticipated date of retirement or death.
How Much Are My Economic Damages Worth in an Atlanta Medical Malpractice Case?
The value of damages in a medical malpractice case depends on many factors.
Examples of factors that could impact how much your case is worth include:
- The initial and future cost of medical care
- The expenses associated with personal care
- Whether a person can return to work or an impairment reduces earning capacity
- The extent of an impairment
- The cost to repair or replace personal property damaged in the accident
- Whether a person may require long-term care
- The parties involved in the case
- The availability of insurance coverage and policy limits
- If you could be partially at fault for causing your injuries
A skilled Atlanta medical malpractice lawyer carefully analyzes all factors and damages to maximize the value of your claim. Beware of insurance companies that try to settle your case quickly. The amount they offer might be lower than the value of your claim.
How Does Comparative Fault Impact the Value of Economic Damages in an Atlanta Medical Malpractice Case?
Georgia uses a modified comparative fault standard for medical malpractice cases. An injured party can be up to 50% at fault and recover compensation for damages.
If the party is less than 50% to blame, their damages are reduced by their percentage of fault. However, if their percentage of fault is 50% or more, they cannot recover compensation for damages.
If you are accused of contributing to the cause of your injuries or being blamed for an accident, you need immediate legal advice.
What Is the Statute of Limitations for Filing a Claim for Economic Damages in Atlanta, GA?
A statute of limitations restricts the time you have to file a claim. Georgia’s statute of limitations for most medical malpractice cases is two years from the injury or accident date.
However, the two-year statute of limitations does not apply in every medical malpractice case. Exceptions to the statute and factors in your case could change the deadline for filing a claim or medical malpractice lawsuit.
Therefore, always speak with an Atlanta medical malpractice attorney as soon as possible to determine the deadlines in your case.
An Atlanta Medical Malpractice Lawyer Can Help With Your Economic Damages Claim
Contact a member of Malone Law at (770) 390-7550 to discuss your case if you need help with a medical malpractice claim. Atlanta medical malpractice lawyers offer free consultations so you can get advice and learn more about the process of seeking compensation for economic damages.