Malpractice lawsuits rarely end the same, which makes it difficult to give an “average” settlement amount because two cases are never exactly alike. Instead, it comes down to the long-term costs and injuries and the representation you have in your case.
Most malpractice claims settle out of court, which means many have confidentiality agreements and are not a matter of public record. This makes it more difficult to give an average amount for malpractice settlements. However, the average court settlement was $425,000 according to MedScape in 2013, but the average jury award can exceed $1 million.
In most cases, it is cost-effective for both sides to settle out of court. After all, when a case goes to trial, attorney’s fees go up. This means less compensation goes to the victim, and the victim will go through a stressful, time-consuming trial that may not always end in their favor. Likewise, insurance companies rarely want to go to court. Juries are highly unpredictable. Therefore, they know they may pay less to settle for a fair amount than take chances with the jury.
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Critical Factors That Influence How Much Compensation You Receive
Malpractice cases vary widely because of unique factors that affect the total compensation value. A whole host of reasons impact your case’s outcome, including how much compensation you can receive. While each case is unique, there are some factors that appear in most malpractice claims and each makes a significant impact on the outcome.
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Factors That Increase Settlement Value
You have factors that increase and decrease settlement value. Factors that will increase the multipliers used, meaning the additional funds the insurance company pays on your claim include:
- Severity of the Injury – When an injury is catastrophic, leads to permanent deficits, disability, or requires extensive medical care for recovery, the compensation value of the claim increases substantially. For example, a traumatic brain injury or permanent brain damage can lead to a higher settlement than one where the patient ultimately recovers from their injury.
- Medical Costs from the Malpractice – The total cost of medical expenses coming from the physician’s negligence will increase the value of a case. When a patient requires around-the-clock medical care, specialist fees, hospitalizations, multiple surgeries, and long-term medical care, the settlement amount goes up. As a victim of malpractice, you are entitled to receive compensation for all costs, including future expenses, related to your malpractice injuries.
- Medical Treatments Provided – Any medical treatments already provided at the time, even those that were paid for by health insurance, contribute to the settlement total. In these cases, your attorney will reimburse your insurer for covering your medical expenses at the time.
- Physical or Emotional Distress from the Incident – The physical pain, emotional trauma, and mental anguish associated with the injury all play a critical role in compensation value. When someone suffers permanent emotional distress or mental anguish from their injuries (which is typical for permanent disabilities), they will receive a higher compensation value than someone who has a minor injury where they recover fully.
- Daily Life and Quality of Life Disruptions – When a victim can no longer work, interact with family and friends, or their quality of life permanently changes as a result of malpractice, the compensation can increase tremendously.
Factors That Decrease Settlement Value
While there are factors that increase malpractice settlement values, there is an equal number of factors that can decrease the compensation a victim receives, including:
- Quality of Representation – Some injury lawyers offer medical malpractice representation, but they do not handle many cases each year or they are too overbooked to give a malpractice claim the attention it needs. The representation you have (the party arguing for maximum compensation on your behalf) will greatly impact whether you get fair compensation.
- Minor Injuries with Full Recovery – While you can file a lawsuit for minor injuries from malpractice, the settlement will reduce if you make a full recovery, return to work, and your quality of life long-term remains untouched.
- Only Requires Brief Medical Treatments – The medical treatments are only a span of a few weeks, nothing is long-term, and you may not have as extensive of a list of medical procedures required to reach full recovery.
- Treatments Provided by Unqualified Professionals – When you visit a non-MD or other physician not qualified to treat your injuries, it can impact the amount of compensation you receive in your case. It is imperative that you discuss your provider options with your attorney. For example, seeing a holistic medical provider may not count as true medical treatments in the eyes of the court, which means you won’t receive reimbursement for those costs.
- Partial Fault in the Incident – While the physician might have been negligent, you may have contributed to their errors. These instances are rare in malpractice claims, but not impossible. If you are partially at fault, it will lower the amount of compensation in your malpractice case.
The Value of Good Representation
The only way to know how much your malpractice case is worth is to speak with a malpractice attorney. When you have your initial consultation, your attorney will review the facts of your case, pull medical records, conduct an investigation, and review any costs associated with your injuries before they create a settlement suggestion.
Most likely, your lawyer will have a low number and a higher goal number. The lowest amount is the lowest amount your lawyer will agree to during settlement negotiations. The goal is to reach somewhere in between the minimum and maximum.
If you have been seriously injured by a physician or other medical provider’s negligence during treatments, you have the right to seek compensation.
To explore your options, schedule a free consultation with an attorney by calling the Gladstein Law Firm, PLLC. Attorney Seth Gladstein can assist you with your case. He has helped countless victims of malpractice receive the compensation they deserve for their injuries.
Schedule your free consultation by calling us or requesting more information online.
Contact Gladstein Law Firm, PLLC
online or by calling 502-791-9000.
