Medical malpractice cases can be overwhelming physically, emotionally, and financially. If you or a loved one suffered harm due to a healthcare provider’s negligence in Augusta, Georgia, you may be wondering how much money you can recover from a medical malpractice claim. Here is what you need to know about what Georgia law permits.
Understanding Damages in Georgia Medical Malpractice Lawsuits
The primary goal of a medical malpractice claim is to recover compensation, also known as damages, for the harm you have suffered. These damages are meant to make you financially whole and acknowledge the physical, emotional, and personal losses caused by a healthcare provider’s negligence. In most cases, damages fall into three main categories: economic, non-economic, and punitive. Understanding these categories is key to knowing what you can pursue in your claim.
Economic Damages
Economic damages cover your quantifiable, out-of-pocket losses due to malpractice. This may include:
There is no cap on economic damages in medical malpractice cases in Georgia. This means you can recover the full amount of your documented economic damages. These are typically calculated through medical records, wage statements, and testimony from economic experts. Accurately assessing future costs is especially important, as long-term medical needs can drastically increase the value of your claim over time.
Non-Economic Damages
Non-economic damages compensate you for the intangible and subjective harm of medical malpractice. This commonly includes:
Pain and suffering
Emotional distress
Loss of enjoyment of life
Scarring or disfigurement
Loss of consortium
Since 2010, Georgia has not imposed any cap on non-economic damages in medical malpractice cases. This means Georgians can obtain full compensation for their non-economic injuries.
These damages are highly subjective and often require testimony about how the malpractice has affected your daily life, relationships, and well-being. Juries have wide discretion in determining how much to award for non-economic harm, which is why having an experienced lawyer can make a significant difference.
Punitive Damages
Punitive damages may be awarded to punish especially reckless or malicious behavior and deter similar misconduct. In Georgia, punitive damages in medical malpractice cases are capped at $250,000.
Punitive damages are awarded far less frequently than compensatory damages and typically require clear and convincing evidence of gross negligence or willful misconduct. They serve more as a warning to others than as direct compensation to you. In rare cases involving intentional harm, the courts may waive this cap.
How A Lawyer Can Help You Calculate All Your Damages
Calculating your losses is difficult. Medical bills or missed paychecks may seem obvious, but damages for future medical care or pain and suffering can be harder to calculate. An experienced Augusta medical malpractice lawyer can help you pursue the full compensation you are entitled to. They can assist you by:
Gathering and analyzing your current and future medical bills, rehabilitation costs, and necessary ongoing care expenses
Evaluating your damages for pain and suffering, emotional distress, and loss of enjoyment of life
Working with medical, financial, and other experts to assess future costs and impacts
Negotiating with insurers for full and fair compensation.
Working with an experienced medical malpractice lawyer can help you maximize the economic and non-economic damages you may recover. This can help you avoid accepting a settlement that does not reflect the full scope of what you have lost.
Contact an Augusta Medical Malpractice Lawyer at Nicholson Revell Personal Injury Attorneys for a Free Consultation
Medical malpractice cases in Georgia are complex, and the stakes are often high. While there is no cap on economic or non-economic damages, calculating the full extent of your losses can be challenging.