When considering the value of a medical malpractice case, there are many factors to consider. There is no special formula used that can provide a definite number of how much you will receive from a medical malpractice lawsuit if you win. Compensation for such a case will be determined based on your injury. If your case were to go to trial, then the judge would ultimately decide as to how much you would receive, if anything.
Below are examples of factors that are considered to determine the amount you can receive.
Pain & Suffering (General Damages)
One category to provide a dollar value in is pain and suffering, or general damages. This category is not like lost wages or medical bills as there is no formula to consider. The pain and suffering endured by the individual will vary based on what happened during the injury and onwards and is often based on past cases where an individual has suffered similar injuries. At trial, a judge will determine the dollar amount for this category and can be estimated due to the situation based on how life altering the injury was to the victim.
Medical bills incurred due to injury, such as physiotherapy, will be considered and help in determining a dollar amount you might receive. What is the dollar amount associated with your medical bills based on your injury? This is the least complicated factor when considering how much compensation you might receive.
Another factor to consider is lost wages. If you are fully/partially disabled due to the injury and cannot work, you may include compensation based on the wages lost. An experienced medical malpractice lawyer will be able to assist in helping you determine the amount of lost wages to assist in the outcome of your case.
Cost of Future Care
if you have suffered significant life-altering injuries, you may have costs for ongoing medical care outside of what provincial health insurance may cover. These costs often can form the majority of the claim, especially in paraplegia or quadriplegia cases.Tags: Medical Malpractice, damages