There are many factors that come into play when determining how much money a person will be rewarded for a medical malpractice claim. Without any details of a case, it is nearly impossible to even give a ballpark number. Personal injury attorneys and claim examiners work together, with very specific formulas, to calculate what they believe is an appropriate number to present in court. In short, there is no way to determine a settlement without knowledge of a case in its entirety. Instead, we have outlined various categories in which rewards are popularly pulled from. That way, even without a monetary amount, you can see different areas in which you may be rewarded for.
If and when a person is hospitalized or put on bed rest as a result of medical malpractice or negligence, they will, most likely, be unable to work. In the event that a person is unable to work, a medical malpractice claim may help cover the cost of lost income during that time period. For example, if a person is incapable of working for a full month, a reward covering however much they would have made in that month may be received. Alternatively, in a wrongful death claim, whomever is filing the claim may be rewarded the projected income that the deceased person would have made in their lifetime.
Cost of Care
A major reason for filing medical malpractice claims in the first place is to cover medical expenses. Hospital bills and medical expenses can add up rather quickly, and largely. It is important for anyone that receives negligent care that they are compensated for the medical attention needed. This may include ambulance calls, surgeries, ongoing therapy, hospice care and more.
Pain and Suffering
This may be one of the most difficult categories to calculate. It seems next to impossible to put a monetary value on someone’s grieving. Still, we do it. There are several ways in which pain and suffering may be calculated. One way is to add up the cost of care and lost income rewards and then multiply the sum by a number, generally one through five. So, if a person had a lost income of $1,000 and their cost of care was also $1,000, and they were to be rewarded three times that amount for pain and suffering, they would receive a total of $6,000. Alternatively, it may be calculated on a per day basis. This means someone may receive, let’s say, $100 from the day in which they suffered medical malpractice until the day they recover. Another way in which pain and suffering may be calculated is simply by a computer program used by insurance companies. These often take everything into consideration, such as the type of injury being dealt with, the recovery process, the duration of the process, income lost, pain and suffering, and so on.
These are only a few of many categories that you may seek rewards from in a medical malpractice claim. Again, the only way to truly know how much a case is worth is to work with the help of an experienced attorney. Each case is unique. Every person, injury and situation will alter the amount of money a case is worth. If you believe you are in need of legal advice for a medical malpractice case in Albuquerque, New Mexico or Midland, Texas, call on the professional team of attorneys at Buckingham Barrera Law Firm.