Deciding Damages In Medical Malpractice Cases In New York


The damages in a New York medical malpractice case can be the most difficult, trying, and emotional part of the lawsuit. This is because a victim will need to explain the pain and suffering he or she has endured, the medical bills, and the future ramifications of the medical malpractice. Victims will have to relive their most difficult times in front of the court and jury. Victims will be vulnerable, and it is a difficult thing to do.

Assessing the damages is also not easy to do as a juror either. Some people will feel very uneasy when they have to determine the costs of a judgment. But this is the job of a jury to determine the fate of a victim. It is difficult and uncomfortable.

This is why a good New York medical malpractice attorney will work hard to make it easy for the victim to speak about his or her injuries, while making a juror feel comfortable to listen and assess the case. But how do jurors and courts assess damages?

Well first and most obviously, the jury and court will look at the actual costs lost due to the lawsuit. This is from an accountant or CPA who can determine lost wages, lost earnings, and costs of medical bills, future treatment, and other expenses related to the medical malpractice.

Next, the jury will listen to the pain and suffering that the victim has endured. They will decide what they think it is worth. A jury may receive ideas from other cases which provide what the figures are and should be. This is because the compensation for an injury is what another victim in a similar situation would receive, which is known as the reasonable compensation for his or her injuries. An attorney may say what the case results are and how a jury should decide here.