Compensatory damages are designed to, in a word, compensate. These types of damages are meant to make the person as “whole” as possible. Generally, these damages can be broken up into two sub-categories, actual damages, and general damages. Actual damages seek to reimburse a plaintiff for financial losses sustained. Actual damages typically include:
Malpractice victims can also sue for general damages in addition to actual damages. General damages include the things that can’t be precisely documented in dollars spent, including:
Damages are also available in cases where the plaintiff is able to prove that he or she was not provided with proper informed consent.
Punitive damages may be awarded in certain cases. Punitive damages are not based on actual injuries sustained. Rather, they are a way to punish the defendant for intentional or grossly negligent conduct. It is fairly uncommon to see punitive damages in a medical malpractice case. However, it is not unprecedented.
If you or a loved one is in need of legal assistance, call the Law Office of Kenneth A. Fishman, P.C. at 312-346-8990 or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.