If you were injured due to medical negligence, you can file a claim against the healthcare provider who caused your physical, emotional, and financial injuries. If you are successful with your claim, you can obtain compensation for your medical expenses, lost income, and more. One of the first questions you will likely have is how much your medical malpractice claim is worth. No one can determine the value of your claim without first fully reviewing the facts of your case. However, there are many factors that will impact the amount you receive. Below, one of our Chicago medical malpractice lawyers explains what these are.
The Nature and Severity of Your Injury
The nature and severity of your injury is one of the biggest factors that will impact the value of your medical malpractice claim. For example, if your injuries were fairly minor and did not impact your life for a significant period of time, your award will likely be lower than if your injuries were life-altering. The greater the impact the injuries have on your life, the more damages you will receive.
Medical Expenses
Medical expenses make up the bulk of medical malpractice claims. The more medical expenses you incur, the more damages you can receive. There are a number of different types of medical expenses you can include in your claim, including:
- Current and future medical treatments
- Hospital stays
- Emergency care
- Rehabilitation
- Surgery
- Prescription medication
If your injuries require lifelong care, the cost of those treatments can be included in your claim and greatly increase the value of your claim.
Lost Income
Medical malpractice results in some of the most serious injuries. Afterwards, you will likely have to miss work, as well as the income you earn to support yourself and your family. Along with your lost wages, you can also pursue damages for lost vacation pay, sick, pay, and employment benefits. Your injuries may also be so severe that you cannot return to the same line of work in the future and have to obtain a lower-earning job or leave the workforce entirely. In these instances, you can pursue damages for the diminished earning capacity.
Pain and Suffering
Damages for pain and suffering are a type of non-economic loss. This means they do not have a quantifiable value that is easy to calculate. Still, the physical pain and emotional trauma your injuries cause you are still losses and you deserve compensation for them. Our Chicago medical malpractice lawyers know the formulas used to calculate these types of damages so you obtain the full settlement you deserve. The greater your emotional and physical suffering, the more damages you can pursue. Often, the amount of pain and suffering is tied directly to the nature and extent of your injuries.
Reduced Quality of Life
If medical malpractice resulted in permanent disfigurement or disability, you may no longer be able to enjoy activities you once did. You may also no longer be able to perform basic daily tasks, such as cleaning and cooking. This can result in a loss of independence. This diminished quality of life is also a loss you will suffer that you deserve compensation for. The greater the disfigurement or disability, the more significant the injuries will have on your quality of life and so, the more damages you can pursue.
The Degree of Negligence
Any time a medical professional is negligent and causes you injury, you can file a claim against them for compensation. Most claims, though, only involve compensatory damages to help you recover your losses. In rare cases, medical professionals exhibit gross negligence or willful misconduct. In these instances, you may also be able to receive punitive damages. Punitive damages are not meant to compensate you for your losses. Instead, they are intended to punish medical professionals for their gross negligence and deter them from acting in a similar manner in the future.
The Strength of Your Evidence
As in all personal injury cases, you will need strong evidence to prove that a medical professional was negligent and caused your injuries. The stronger your evidence is, the greater chance of success you have with your claim. For example, in Chicago as throughout the rest of Illinois, you are required to submit a certificate of merit in a medical malpractice case. A certificate of merit is a statement from a healthcare professional in a similar field indicating that the defendant acted negligently and that they would have acted differently in the same or similar situation.
Other strong evidence can include medical records and witness statements. Other expert testimony can also be used to strengthen your case. For example, a vocational expert may be able to testify about your ability to return to work, and the type of employment you can or cannot obtain.
Insurance Limits and Assets of the Defendant
Insurance plays an important role in medical malpractice claims. If you file a claim against a healthcare provider, you will actually have to file a claim with their insurance provider. Due to this, you can only pursue damages up to the limits of their insurance policy. If there are multiple defendants, you may be able to file multiple claims against multiple insurance providers, helping you obtain the full damages you deserve. If your damages exceed the limits of the insurance policy but the defendant has significant personal assets, you may also be able to file a lawsuit against them directly to obtain the full compensation you need.
Our Medical Malpractice Lawyers in Chicago Can Help You Claim Full Damages
Of all the different types of personal injury claims, those involving medical malpractice are some of the most complicated. At Kennedy Watkins, LLC, our Chicago medical malpractice lawyers can accurately value your claim to help you obtain the full and fair damages you are entitled to. Call us now at (312) 448-8181 or fill out our online form to schedule a free review of your case with our experienced attorney and to get the legal advice you need.