When you go to your physician, the hospital, or even a specialist for treatment, you expect that you will receive the highest quality of care. You trust physicians to listen to you, diagnose you accurately, and make you feel better.
After a serious medical error, you could suffer a catastrophic injury or permanent disability from that physician’s negligence. You should not have to pay for the medical costs, lost wages, pain, and suffering from that physician’s error. Instead, you can file a medical malpractice claim.
Malpractice cases are complicated. Not only are you dealing with an insurance company that has their own in-house attorneys, but you are also dealing with medical jargon and many other issues. Without an attorney, it is hard to tell how much your case is worth. No two settlements are the same, either. Instead, it comes down to numerous factors (e.g., evidence, type of negligence, and your representation).
If you think that you have a valid malpractice claim, then you will want to talk with an attorney about what your case could be worth.
Contact Gladstein Law Firm, PLLC
online or by calling 502-791-9000.
Settlement Value versus Trial Value – They Are Not the Same
You must realize that trial values and settlement values are very different.
Settlement value is what your lawyer thinks you can reasonably settle your case for out of court. That means you do not leave it in the hands of the judge or jury. Instead, you will negotiate privately, the other party will agree to an amount, and you will close out your case. Settlement value is lower than trial, but that is because trials are unpredictable. Also, you are accepting a settlement amount without the risk of losing everything at trial – which is possible.
Trial value is what you can win if your attorney does take the case to court. While the values are higher, it is because juries are unpredictable when it comes to determining value. However, juries are not always in favor of the injured. Therefore, you could walk away with less than you deserve or no settlement at all. The risks of a positive trial outcome are hard, especially in malpractice claims.
It is best to talk with your lawyer and see which route is best for your case. Your attorney will review the evidence and the history of the physician. Then they can decide if they feel you could win in court or if you are better settling out of court.
Contact Gladstein Law Firm, PLLC
online or by calling 502-791-9000.
How Medical Malpractice Claim Damages Are Calculated
Your lawyer will look at two primary categories when calculating damages: special and general.
Special Damages for Malpractice Claims
Special damages are those that involve your medical costs, financial losses, and even lost wages. If you are permanently disabled and you cannot return to work, your loss of future earnings would also be included in the special damages.
Lost earnings will focus on what you lost while you recovered from your injuries and any disabilities that hinder your ability to make money in the future. Perhaps you cannot return to the same job, or your duties will be limited and you cannot retain the same position and income. Your attorney will calculate these earning losses into your settlement.
Also, if you were to lose your job from a disability, then your lawyer would look at the loss of benefits from that as well, including your health insurance, vacation, sick leave pay, and even your retirement account contributions and potential.
Medical costs will include all expenses from the injury itself and any future medical expenses required. Future medical expenses are often one of the biggest numbers in malpractice cases.
General Damages
General damages are harder to calculate as they are based on how much physical pain, mental suffering, and emotional anguish you suffer as you recover from your injuries or illness.
Pain and suffering consider the severity of your injury, how long it may take for you to recover, the severity and recovery time of any medical procedures required to help you heal, and how all of that affects your quality of life.
Comparing Past Cases
While no two cases have the same outcome, your attorney will still look at similar cases in the past, how they fared with settlements, and what the jury awarded them if they went to trial. They use this as a baseline when negotiating with the insurance company and will add in the variables unique to your case, including your prognosis, medical costs, and whether you can return to work or not.
Why You Need a Skilled Lawyer
Malpractice claims are not like ordinary personal injury cases. Instead, they are highly complicated and require an attorney with experience handling these types of cases. You need an advocate who has gone up against hospitals, insurance companies, and law firms in accusations of malpractice. You also want someone who will fight for the compensation you deserve.
While you recover from your injuries or try to cope with the prognosis that you may never fully recover, you should have someone there fighting for your right to fair compensation. You need funds to cover medical costs, pay for your living expenses, and address income losses when you cannot return to work. A lawyer has access to experts ready to testify on your behalf, they have a team ready to research and find evidence, and they know how insurance companies work.
If you or a loved one is the victim of medical negligence and you think that you have a malpractice case, contact a lawyer ready to fight for you. Contact the Gladstein Law Firm, PLLC, to schedule a free case evaluation or request more information online.
Contact Gladstein Law Firm, PLLC
online or by calling 502-791-9000.
