If you are filing a medical malpractice claim, you might be wondering what exactly your case is worth. Several factors will go into determining how much your settlement will be. Here’s what your Baltimore, MD surgical error lawyer wants you to know.
Ask a Surgical Error Lawyer in Baltimore, MD: What Is My Claim Worth?
Your Medical Expenses
One of the factors that will go into determining how much your medical malpractice case is worth is the total cost of your medical expenses. This is one of the easiest things to calculate, as you’ll just need to add up your medical bills.
The cost of any future medical care that you may need because of your injury should also be taken into account. This can be slightly more complicated to calculate, but the total sum that you get for this could end up being quite large.
Your Missed Wages
Did your injury impede you from working? Were you unable to go to work for a significant amount of time, or were you only able to return part-time or to a different department that pays less? You should be compensated for any wages that you missed because of your injury.
You and your surgical error lawyer in Baltimore will keep track of documentation detailing your missed wages. Your lawyer may also hire an economic expert to help determine what your future lost earning capacity is, since assigning a value to that can get a little complicated.
The Severity of Your Injury
Calculating and assigning a number to the severity of your injury can be difficult, but you can go by the general rule that the more severe your injury is, the more money you’re likely to get in your settlement. The type of injury you suffered will also be taken into account.
The jury will consider the physical pain and suffering that you have experienced. This includes the actual pain that you feel along with things like scarring and disfigurement. To come up with a number, the jury may use their own judgment and experiences, or they may multiply a variable by the number of other damages you have experienced.
Mental Pain and Suffering
When you are injured, especially when it’s because of medical malpractice, physical injuries aren’t the only things you’ll suffer. You may find that your mental health is heavily affected by what you’ve experienced. You should be compensated for any mental pain and suffering you are going through.
If you have experienced things like depression, grief, PTSD, fear, or anxiety because of your injury, this will be taken into account when determining what your settlement should be. Keeping something like a pain journal where you document your emotional state every day can help demonstrate to the jury the emotional suffering you are going through.
Permanent Disability
If your injury gave you a permanent disability, then all areas of your life are going to be affected. Along with potentially being unable to work effectively at your job, your ability to do simple daily tasks may be impeded.
If you were permanently disabled because of the medical malpractice you experienced, then the costs of things like ongoing care, physical therapy, and adaptive equipment like wheelchairs and wheelchair ramps should be factored into the total amount of your settlement.
How Your Lawyer Can Help
Navigating the Law
The legal system is a complicated thing. There’s a reason why lawyers have to spend many years in school learning about it before they can begin practicing. You may be thinking about representing yourself in an attempt to save money, but this is not a good idea.
This is especially true for medical malpractice cases, which are notoriously difficult legal battles. When you file your medical malpractice claim, you’re going to want an expert lawyer on your side to support you and help you navigate all the complexities of the law, ensuring that you get fair compensation.
Dealing With Insurance Companies
If you experienced medical malpractice, your hospital’s insurance company may reach out about it. It’s important that you not speak to them, and instead direct them to talk to your lawyer. Your hospital’s insurance company will do anything it can to have to pay you as little as possible, and they may try to take advantage of your lack of legal knowledge.
Your lawyer will know how to deal with these insurance companies to ensure you get a fair settlement. They’ll know what tactics to employ to get the insurance company moving so you can get your compensation as quickly as possible.
Dealing with the aftermath of medical malpractice is scary and stressful. You deserve to be fairly compensated for the trauma you’ve experienced. When you work with a qualified lawyer, you’ll know that you’re getting the support and experience you need as you seek compensation.
Thank you,
Glenda, Charlie and David Cates
