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A Roadmap to Economic Damages in Med Mal Matters

By Chad L. Staller

Economic damages ' actual monetary loss caused by a tort or breach ' occur in many forms and can involve a variety of issues. A good understanding of the basic elements of damages and the issues that might be involved is essential to effective representation, because litigators who fully understand the issues will be able to better assess the value of a damages claim and the overall case value.

The basic elements of a damages claim may include lost earnings, lost fringe benefits, lost household services, and medical costs. In wrongful death matters in many jurisdictions, the decedent's likely personal consumption expenditures (his or her personal living expenses, exclusive of what he or she would have saved or spent on family support) are deducted from damages. However, the rules on deductions of collateral sources vary from jurisdiction to jurisdiction. For example, in New Jersey, Social Security payments are subtracted from damages, while in Pennsylvania, Social Security payments do not offset damages.

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