What type of damages can be recovered in a wrongful death or medical malpractice lawsuit?

In a wrongful death or medical malpractice lawsuit, a variety of damages can be recovered. In Virginia, these damages may include economic and non-economic damages. Economic damages refer to any financial loss sustained as a result of the incident. These may include medical expenses, lost wages, costs related to funeral and burial, and loss of consortium. Non-economic damages refer to the harms that cannot be quantified in terms of money. These may include pain and suffering, mental anguish, and loss of enjoyment of life. Punitive damages, which are meant to punish those responsible for the incident, may also be awarded in select cases. In Virginia, the court will consider the following factors when determining whether or not to award punitive damages: the severity of the misconduct, the likelihood of deterring similar misconduct in the future, and whether the defendant had a malicious or reckless intent. In some cases, the court may also award attorney’s fees and court costs to the plaintiff if the defendant is found liable. This is meant to help the plaintiff recover expenses associated with the lawsuit. In summary, individuals who are harmed or are the family of someone harmed due to medical malpractice or wrongful death in Virginia may be eligible to recover economic and non-economic damages, punitive damages, and attorney’s fees and court costs.

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What type of damages can be recovered in a wrongful death or medical malpractice lawsuit?

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