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If a negligent physician has caused you harm, you may be trying to figure out whether it’s worth it to file a medical malpractice claim. Any form of personal injury case involves time and energy, and it makes sense to investigate what you might expect if you pursue legal action. However, the settlement amount of each case is highly individualized, and it is difficult to provide an accurate estimate without evaluating the facts of the case.
If you’ve suffered harm due to a medical provider’s negligence, you may wonder what compensation might look like. Every medical malpractice claim is different, and the value of a settlement depends heavily on your injuries, evidence, and future needs. A DWK Law Orlando medical malpractice attorney can help you evaluate your losses and pursue full, fair compensation for what happened to you.
There are countless considerations for a medical malpractice claim, and the damages you request may vary dramatically from the compensation you receive. Due to the individualized nature of each case, you would benefit most by speaking with an attorney to determine which damages may be appropriate to claim.
To gain a general idea of what your case may be worth, you should consider the physical costs you have incurred. These are typically referred to as economic damages, or those that have a clear monetary value. For this, you may consider the cost of additional medical treatment, lost earnings, time missed from work, the cost of adaptive aids, and anticipated ongoing treatment costs.
If your injuries are so severe that you are unable to continue working in your role or field, you may be eligible to claim damages for that loss of earning capacity.
Non-economic damages tend to be those without a clear value assigned. These typically include the value of your physical pain and suffering, loss of consortium for a spouse, or the mental pain and anguish you endured. This amount is often dependent on the value of economic damages. However, Florida Code 766.118 states that non-economic damages cannot exceed $500,000.
In addition to the actual losses you have incurred, other factors can affect whether you recover the maximum amount or less. Having an attorney will often give the best chance of maximizing what you recover, but even the best lawyer must work within the many other considerations of a medical malpractice case.
You may be absolutely certain that physician negligence caused additional harm and injury. However, without evidence of that, your attorney cannot effectively argue the fact. An insurance company is less likely to push back on a case with an abundance of persuasive evidence for fear of the case moving to trial. Therefore, the more high-quality evidence you can provide, the better off you will likely be. An expert witness is also helpful to demonstrate how the provider’s actions fell below the medical standard of care.
The severity of your injuries often correlates with the cost you incur to manage or resolve your condition. For example, if your physician botched a surgery that then required an additional procedure to correct, but resulted in a full recovery, the costs and losses will look very different from a newborn who suffered a birth injury that leaves them with life-long delays and challenges.
In Florida, medical malpractice lawsuits are subject to a 2-year statute of limitations. While you have the full two years to decide whether to file a lawsuit, the insurance company may use this timeline to put pressure on you to settle for less than you deserve. It can take several months to fully investigate a medical malpractice case, so beginning your claim sooner provides the greatest chance of success.
Florida is among the top ten states with the highest medical malpractice payout rates, and this is likely due, in part, to the increased risk of taking a case to trial. When an insurance company settles the case outside of court, they have control over the value. When you take the case in front of a judge, you run the risk of paying a much higher amount, in addition to the time and money to prepare for trial.
The circumstances of your medical malpractice claim and the extent of your injuries are the primary factors that determine the value of your claim. However, working with a medical malpractice lawyer from DWK Law can help you identify all possible avenues for compensation, advise you on ways to minimize your liability, and maximize your recovery.
To schedule your free case consultation and learn more about the value of your medical malpractice claim, contact us online or by phone at (407) 244-3000.
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