How Do the New York Courts Determine Damages in Dental Malpractice Lawsuits?
When a judge or jury finds in favor of the plaintiff in a dental malpractice action, the courts carefully examine the state laws that apply to determining damages as well as past judgments that apply to current cases. These and other resources help them arrive at fair compensation for past, current and future anticipated monetary losses such as additional dental expenses to treat injuries.
The courts may also identify pecuniary damages to assign a monetary value to non-monetary losses, such as pain and suffering or loss of consortium. The courts include consideration for legal and attorney fees as well. An experienced New York dental malpractice attorney can provide the assistance victims need to identify the full extent of damages — and develop the evidence needed to help the courts make their determination.
The New York State civil practice law and rules that apply to determine dental malpractice awards involve many complexities, particularly as they apply to future damages. For example, while they typically require dentists or other professionals to pay awards of $500,000 or less in a single lump sum payment, awards above that amount often require a stream of payments over an extended period. The courts use a complex set of calculations to determine the amount of the first year of future payments, adding four percent to the periodic payments within each subsequent year to allow for changes in the value of the dollar.
When pursuing a claim for substantial injuries caused by dental malpractice in NYC or anywhere in the state, you need an attorney with an extensive understanding of the law and valuation of losses to help ensure you pursue the full value of your claim. The attorneys at Rich & Rich, P.C. are here to assist you and review your claim at no charge. We have the specialized skills, experience and resources needed to help pursue the compensation you deserve. Call us at 646-736-3999 to discuss your legal options.