Economic damages are typically hard numbers that can be put up on the board for the jury to consider that would include the past lost wages, future lost wages, past medical bills and any future medical costs that are projected. Expert physicians that are hired by the plaintiff to calculate damages in Charleston medical malpractice cases and to determine what that future medical treatment may be.
Bringing in a tax expert at trial who prepared taxes for the injured party would be useful to calculating damages in Charleston medical malpractice cases. A host of witnesses would be called to help demonstrate the economic and non-economic damages. All of those witnesses and more are what an injured person would expect an experienced medical malpractice attorney in South Carolina to present in preparing their case.
Jury verdict research will help determine what juries in the state or in the region have awarded in these types of cases, and will aid the plaintiff’s attorney to quantify and give guidance to the injured party, and to the jury as to what would be a reasonable award to make the injured person whole for the malpractice and the damages that they have sustained as a result of it.
From the economic side of calculating damages in Charleston medical malpractice cases, an expert economist is someone that can quantify the future wage loss and present it to the jury. Having someone from the plaintiff’s employer, either Human Resources or Bookkeeping, to present the past wage loss which would demonstrate what the injured party was earning at the time of the accident and what type of loss they have had as a result of it.
Having an expert economist to bring those numbers to the present value of what would it cost and presenting those numbers to the jury would be the person’s economic damages. Non-economic damages are hard to quantify and are left to the men and women of the jury to determine what amount should be paid for pain and suffering; loss of enjoyment of life; loss of consortium; and any other damages that the aggrieved injured person is allowed to argue.
Role of Medical Costs and Bills
In general terms of calculating damages in Charleston medical malpractice cases to present, certainly the medical custodians responsible for keeping track of the bills that the injured person has incurred would help us identify and publish to the jury what the past medical bills that the injured party incurred. Certainly with future medical costs, having an expert that is certified and can testify as to the projection of future medical costs that the injured person will incur and of course this will be based upon the expert testimony of the doctor(s) that would recommend the future medical care and treatment, if any, the injured person will need as a result of the malpractice.
Charleston Caps for Damages
In South Carolina, there is a House and Senate, a Legislature in Colombia, where they have passed a statute that in some cases limits the amount of damages that can be recovered in a medical malpractice case. However, when calculating damages in Charleston medical malpractice cases, there are several exceptions to the caps that exist in certain cases. In some situations, arguably, the caps just do not apply at all. A word of caution to any patient who thinks that they has been damaged when reading something that makes them think they are limited in the damages they can incur. This is another great example of why an injured party would want to call an experienced South Carolina medical malpractice attorney to help them assess what caps would be in place for damages.
In some situations, arguably, the caps just do not apply at all. A word of caution to any patient who thinks that they has been damaged when reading something that makes them think they are limited in the damages they can incur. This is another great example of why an injured party would want to call an experienced attorney to help them assess what caps would be in place for damages.