What is the value of a medical malpractice case?
The value of a medical malpractice case in California varies greatly depending on the severity of the injuries and damages caused by the malpractice. Generally, the value of a medical malpractice case is determined by looking at the economic damages — such as medical bills, lost wages and earning capacity, and other out-of-pocket costs — and non-economic damages — such as pain and suffering, disability, disfigurement, and emotional distress. Economic damages, known as special damages, are much easier to calculate than non-economic damages. Special damages, while they can be quite high, generally have a clear monetary value that can be easily determined. Non-economic damages, or general damages, are much more subjective and thus more difficult to calculate. The amount for non-economic damages is often determined through negotiation between the plaintiff and the defendant or by a jury. The true value of a medical malpractice case is also affected by factors such as the plaintiff’s age, the cause of the injury, the extent of the injury, the viability of the claim, and the presence of any insurance. In addition, if the case goes to trial, the amount of damage awarded by the jury may also be affected by the temperaments of the jurors and their general bias towards the plaintiff or defendant. Overall, calculating the value of a medical malpractice case in California is a complex process that is heavily dependent on the facts, circumstances, and evidence of a particular case.
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