How much a medical malpractice lawsuit is worth depends on the specific facts of the case and the harm caused by a healthcare providerās mistake. In cases involving permanent disability, long-term care needs, or wrongful death, losses are often significantly higher. State laws may also limit how much can be recovered through damage caps or special rules.
Because every case is different, the best way to understand what a medical malpractice claim may be worth is to have it reviewed by an experienced attorney. While you wait for your case to resolve, medical malpractice pre-settlement funding can help you stay financially comfortable.
Key Factors That Determine Medical Malpractice Case Value
The value of a medical malpractice lawsuit depends on several core factors. Each case is evaluated individually based on how seriously the patient was harmed and how the injury affects their life moving forward.
The most important factors that determine how much a medical malpractice lawsuit is worth include:
- Severity of the injury: More serious injuries generally result in higher case values. Injuries that require surgery, long-term treatment, or extensive rehabilitation tend to increase the amount of compensation because of the physical, emotional, and financial toll involved.
- Permanency of harm or disability: If the malpractice caused permanent damage (such as paralysis), the value of the case is typically higher. Permanent injuries often require lifelong care and have lasting effects on a personās quality of life.
- Impact on the patientās ability to work and live independently: When an injury prevents you from returning to work or limits your ability to care for yourself, compensation may include lost income, reduced earning capacity, and the cost of assistance or accommodations needed for daily living.
- Whether the malpractice caused wrongful death: If medical negligence resulted in death, the case may involve wrongful death damages. These can include medical expenses, funeral and burial costs, loss of financial support, and the emotional loss suffered by surviving family members.
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Types of Compensation Available for Medical Malpractice Victims
Medical malpractice lawsuits can include several types of compensation, depending on the nature and severity of the injury. These generally fall into three main categories:
Economic Damages
Economic damages cover quantifiable financial losses resulting from the malpractice, including:
- Past and future medical expenses: Costs for hospital stays, surgeries, medications, and follow-up care.
- Rehabilitation and long–term care costs: Expenses for physical therapy, home health aides, occupational therapy, and specialized equipment.
- Lost wages and loss of earning capacity: Compensation for time missed from work and reduced ability to earn income in the future.
Non-Economic Damages
Non-economic damages focus on the personal and emotional impact of the injury, including:
- Pain and suffering: Physical pain experienced as a result of the malpractice.
- Emotional distress: Anxiety, depression, or trauma related to the injury.
- Loss of enjoyment of life: Limitations on daily activities, hobbies, or relationships caused by the injury.
Possible Punitive Damages
Punitive damages are intended to punish particularly reckless or intentional behavior by a healthcare provider and to deter similar conduct.
These damages are rare and usually reserved for cases where the malpractice was grossly negligent or egregious. Many states have legal limits on the amount of punitive damages that can be awarded, and some restrict eligibility entirely.
Financial Pressure During a Pending Medical Malpractice Lawsuit
A medical malpractice lawsuit can extend for several years, leading to significant financial stress even before the case is resolved. As you deal with ongoing medical expenses for your treatment, you may also find it difficult to manage everyday living costs, such as rent or mortgage payments, especially if your ability to work has been impacted.
Compensation only becomes available once a settlement is reached or a judgment is made, resulting in a challenging gap between rising expenses and the financial support you need. This situation can create pressure that might lead you to accept early or lower settlement offers just to make ends meet.
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The Role of Legal Funding in Medical Malpractice Cases
Legal funding, sometimes called pre-settlement funding, provides plaintiffs with financial support while a medical malpractice lawsuit is pending. Rather than being based on credit or employment history, legal funding is tied to the strength and expected value of the legal claim.
If funding is approved, you receive an advance that can be used immediately. Repayment occurs only if the case resolves successfully through a settlement or verdict.
This type of funding can help cover essential expenses during litigation, including:
- Medical bills
- Rehabilitation costs
- Rent or mortgage payments
- Utilities
- Other everyday living needs
By easing short-term financial pressure, legal funding may allow plaintiffs to focus on recovery and give their attorneys the time needed to pursue fair compensation rather than feeling forced into an early settlement.
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Secure Your Financial Well-Being While You Wait for Your Medical Malpractice Case to Resolve
How much your medical malpractice case is worth depends on the unique details of your case. After your medical malpractice lawyer reviews your claim, they can determine how much compensation you can expect to recover.
Pre-settlement funding gives you access to cash while you wait for your compensation or settlement. Your eligibility depends on the strength of your case and the amount you can access based on the value of your medical malpractice case.
At Pegasus Legal Capital, we have provided over $500 million in funding to our clients since 2007. Call today to learn more about how we can help you.
Your pre-settlement funding consultation is free ā contact us today!