What Type of Money Can I Expect to Win?

We are often asked that question and the answer is always the same, you really cannot have any expectation when it comes to your medical malpractice claim. There is no way to know how much money you may receive from your medical malpractice claim because there are too many variables. When you hire a medical malpractice attorney, he or she will conduct a fact-gathering investigation of your case including a focus especially on evidence of medical negligence and the extent of your injuries and damages. Only after this investigation will you and your attorney be able to discuss numbers for your case and even then, those numbers are not guaranteed.

Although your medical malpractice award cannot be guaranteed, the amount of your award is heavily influenced by a few very important factors listed below.

• The extent of your injuries and damages – As you would expect, the greater your injuries and damages, the greater your recovery will often be. If you were injured as a result of medical malpractice, you deserve to be fully compensated for your injuries and greater injuries and damages mean the dollar amount to compensate you will be greater.
• The strength of your case – The stronger your case is, the more likely you are to receive full compensation. If there are questions about whether or not the medical professional’s conduct was negligent or the negligence caused your injuries, the defendants will use that to negotiate a smaller settlement or a jury may award less money because they are not entirely convinced by your case.
• Solid defenses – If the defendant has any solid defenses, your recovery will probably be less. Medical malpractice defenses include things such as your conduct made your injuries worse, you could have mitigated your injuries, or the statute of limitations has run.
• The egregious conduct involved – If a medical professional’s conduct goes beyond medical negligence to egregious conduct, punitive damages may be awarded.
• Whether the case is tried or settled – A case’s settlement value will be lower than a trial value, especially if the case settles early, before too much time and expense has been invested in the case.