When individuals seek out legal help for a possible medical malpractice claim, one of the leading concerns tends to regard how much the case could earn in compensation. It is common to wonder how much a claim is worth and all cases receive different awards for damages.
There are several things that impact how to value a potential medical malpractice case. An attorney will help you understand the difference between trial value and settlement value and share the compensation you may be eligible to claim.
Compare value options
The settlement value for your case is what the attorney thinks is a reasonable amount to pursue if you are looking to avoid going to trial. This could mean accepting less money in order to ensure you receive something. Trial value hinges on the expectation of winning the case in court. For example, a win in your case could see an award of one million. This is the trial value. However, a 25% chance of winning may encourage you to settle the case for $250,000.
Calculate possible damages
During a medical malpractice case, a lawyer will often use two categories to claim damages. These include special damages (the losses capable of exact calculation) and pain and suffering (damages not calculated exactly). Lost income, medical expenses and additionally incurred financial losses are a part of special damages. Pain and suffering damages include emotional distress, mental anguish and conditions related to post-traumatic stress disorder.
There are a number of factors that impact the value of your medical malpractice claim. Your compensation award should account for all damages you suffer.