Vincent D. Morgera
Vincent D. Morgera

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Vincent D. Morgera

Injury Damages in a Rhode Island Medical Malpractice Case

When it comes to a successful medical malpractice lawsuit, there are injury damages that will need to be compensated. It is important to understand that in such lawsuits there are two types of damages that will need to be addressed, economic and non-economic damages.

Put simply, economic damages are the ones that can be exactly calculated such as medical expenses, lost wages, lost capacity to earn money, and other financial losses. Injury damages fall into the economic classification because they can be calculated in terms of their cost to treat, rehabilitate, and their effect on the ability to earn wages along with the salary lost because of the missing time for recovery and rehab efforts.

How Injury Damages Are Calculated

When it comes to calculated the damages that came from the injuries received, the first step in the process is assessing what applies in terms of compensation.

  • Treatment
  • Rehabilitation
  • Lost Earnings
  • Lost Capacity to Earn Wages
  • Lost Benefits from Employment
  • Other Financial Losses
  • All of these can be calculated because they are based on monetary value at least for the past and present. The effect of injuries on future earnings is more of an extrapolation, but it can still be calculated to a certain degree. For example, if someone can fully recover from their injuries to the point where they can resume their former duties on the job, then future compensation should not be necessary. However, if they are debilitated in some fashion that would affect their ability to do the job, then compensation would be needed.

    The first calculation for assessing injury damages comes from the present where medical bills, rehabilitation, lost wages, and so forth are calculated in present terms and then extrapolated into the future depending on when full recovery is expected. Of course, such injury damages may be seen differently depending on the point of view. An insurance company may not see the injuries in the same light as you and your representation.

    Complications in Calculating Future Injury Damages

    Of course, not everything is the same with all people who are injured and in need of compensation. There are conditions that make filing for certain claims difficult to properly assess.

  • Unemployed
  • Injury prevents you from taking better job with more pay
  • Self-Employment
  • For those who are unemployed, the calculations are made from your previous work. However, if you have been unemployed for several years, it may not be possible to collect for lost wages due to your injuries because you have not earned a salary in such a long period of time. This is why those who are retired cannot earn from lost wages.

    If you had accepted a new job before the injuries occurred, you should earn from the lost wages based on that new employment. If you are self-employed, then you will need to produce tax records to show how much you earned. If you have no tax records, then collecting for injury damages will be quite difficult at least in terms of lost wages.

    Vincent D. Morgera is the leading Rhode Island Medical Malpractice Attorney.

    For more help with your Rhode Island Medical Malpractice case, please call: 401-456-0300.

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