When a patient is harmed due to a medical professional’s negligence, pursuing a medical malpractice claim may be necessary to seek justice.
But one of the most common questions victims ask is, “How much is my case worth?” At CHH, a medical malpractice law firm in Chicago, we understand the financial, emotional, and physical toll that malpractice can cause, and we are here to help victims understand the factors that influence the value of their cases.
Here are several of the primary considerations that impact the potential value of a medical malpractice claim:
1. The Severity of the Injury
The extent of harm caused by medical negligence is one of the most significant factors in determining compensation. A minor injury with temporary effects will generally result in a lower award compared to a case where the victim has suffered permanent disability, chronic pain, or loss of function. Serious injuries that drastically change a person’s quality of life can lead to higher settlements or verdicts.
2. Medical Expenses
The costs associated with treating the injury caused by medical malpractice will also weigh heavily on the case value. These can include:
- Emergency care
- Hospital stays
- Surgery
- Rehabilitation
- Prescription medications
- Future medical treatments
If the malpractice causes the need for lifelong care, these future medical costs can significantly increase the value of the case.
3. Lost Wages and Future Earning Capacity
In many cases, the victim of medical malpractice may miss work due to their injury, resulting in lost wages. More severe injuries might reduce or completely eliminate the ability to earn income in the future. Compensation will often include the earnings lost during recovery as well as the loss of future earning potential.
4. Pain and Suffering
Non-economic damages such as pain and suffering are crucial elements in any medical malpractice claim. These damages are subjective and include physical pain, emotional distress, loss of a normal life, and deformity. The more profound the victim’s emotional and physical suffering, the higher the compensation in this category may be.
5. Impact on Quality of Life
If the medical malpractice results in permanent disability or a significant decline in quality of life, this will be factored into the value of the case. This could include being unable to perform daily tasks, losing independence, or being unable to participate in activities the victim once enjoyed.
6. Degree of Medical Negligence
The level of negligence demonstrated by the healthcare provider can also affect the case’s worth. Gross negligence, such as willful misconduct or reckless disregard for patient safety, may result in higher compensation.
7. Strength of Evidence
A key factor that influences how much a medical malpractice case may be worth is the strength of the evidence presented. Solid proof of negligence, such as medical records, expert testimony, and witness statements, will strengthen the case and can lead to a higher settlement or favorable verdict.
8. Jurisdiction and Local Laws
State laws and local practices influence medical malpractice settlements and awards. In Illinois, for instance, there is no cap on the amount of compensation a victim can recover for non-economic damages such as pain and suffering.
However, each case is unique, and outcomes can vary depending on local courts, judges, and juries. With respect to juries in particular, jurors from certain venues or jurisdictions will have more favorable views of medical malpractice lawsuits than will jurors from other venues or jurisdictions, making these juries more “open” to fairly and objectively evaluating the evidence in a case, rather than favoring one side or the other.
9. Insurance and Defendant’s Assets
The insurance policy of the negligent medical provider or healthcare institution may play a role in how much a victim can recover. Additionally, the assets of the defendant may be a factor if the provider has insufficient insurance coverage.
At CHH, we work closely with medical experts, financial specialists, and other professionals to ensure that all these factors are carefully evaluated in each case. If you or a loved one has been harmed by medical malpractice, we’re here to provide the guidance and support needed to pursue fair compensation. Contact us today for a no-cost, no-obligation consultation, and let us help you understand the potential value of your case and how best to move forward.
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