What do you mean by “damages” in a medical malpractice case?

When an individual or family member has been harmed by medical malpractice, New Jersey law allows you to seek monetary damages or compensation. To decide whether you are eligible for this compensation, a medical malpractice lawyer will evaluate your potential claim. If you do indeed have a case that meets the parameters of New Jersey medical malpractice laws, you would be entitled to recovering monetary damages, which fall into two categories: economic losses and non-economic losses. Economic losses include past and future medical expenses including hospitals, doctors, nursing care, rehabilitation, physical and occupation therapy, and medications if required. Non-economic losses cover the areas of pain and suffering, disfigurement, emotional distress, embarrassment, and the loss of enjoyment of life.

In addition, another important area of economic damages is found in the value attributed to the loss of guidance, counsel, companionship and the like of a deceased loved one no longer able to provide these things. To explain, what is recoverable is not only the actual monies the decedent would have earned and contributed for the benefit of the survivors but also the reasonable value of the services, assistance, care, training, guidance, advise, counsel and companionship the survivors would have received from the decedent had he or she lived. Note that these are separate and distinct from emotional loss. The recoverable value is limited to the economic value of these services if provided by, for example, paid companions or home workers (or nurses and practical nurses) hired to care for the aged or infirm at home. Other services not able to be provided by the decedent could be advice and guidance that would have to be purchased from a business advisor, therapist or trained counselor. All of these are in the category of economic damages.