What is my Medical Malpractice Case Worth?
Medical malpractice occurs when a medical provider causes preventable harm to a patient. The provider may be a doctor, hospital, nurse, technician, or other health care provider. A case of medical malpractice can result in significant injuries and financial losses for the patient and the family.
A New Jersey medical malpractice attorney helps victims of medical malpractice file claims and lawsuits seeking compensation of damages. The compensation does not undo the harm caused by a health care provider, but it can provide much needed medical and personal care for someone injured by a medical provider.
How Do I Know What My Medical Malpractice Claim is Worth?
The value of a medical malpractice claim can be difficult to determine. Many factors must be considered when evaluating a medical malpractice case. A New Jersey medical malpractice attorney understands how to evaluate a claim based upon the legal elements of proving a medical malpractice claim; the financial losses incurred by the victim; and, the hardships and pain caused by preventable physical injuries.
There is not a “formula” for calculating the value of a claim. Therefore, when an attorney calculates what your medical malpractice claim is worth, the attorney considers several variables including but not limited to:
- The severity and type of injury sustained because of the malpractice;
- The ongoing cost of medical care and personal care, including doctor’s bills, surgery, therapy, rehabilitation, medical equipment, and medications;
- Loss of income sustained because of the injury, including future loss of income and any decrease in earning potential;
- Whether you sustained a permanent disability, impairment, scarring, or disfigurement;
- Physical, mental, and emotional pain and suffering;
- Loss of use, shortened life expectancy, and diminished quality of life; and,
- Wrongful death damages related to the loss of a family member.
All of the above factors may not be relevant in every medical malpractice claim. Likewise, there could be additional factors in your case that impact how much your medical malpractice claim is worth. Working closely with an experienced attorney and legal team to document the damages and losses related to a malpractice claim can help you increase the chance that you receive full compensation for all damages.
Filing a Medical Malpractice Lawsuit In New Jersey
If you are unable to settle a medical malpractice claim with the insurance company for the health care provider, it may be necessary to file a medical malpractice lawsuit. Many matters must be considered when filing a medical malpractice lawsuit.
For instance, who are the defendants? While you may assume the doctor is the only party responsible for the injury, your case could involve more than one party. The hospital, medical practice, or other parties may also be partially liable for your damages. It is important to identify each party and name all parties to the claim in the lawsuit.
New Jersey law limits the time you have to file a lawsuit claiming malpractice. If you wait too long to contact an attorney, you may lose your right to pursue a claim through the legal system. New Jersey’s modified comparative fault standard may also impact the value of your claim. You may still recover compensation for a claim if you are partially to blame for the injury, but only if your blame for the injury is less than 50 percent.
Contact a New Jersey Medical Malpractice Attorney for Help
The above factors are just three examples of the complexities of a medical malpractice claim. To protect your best interests, schedule a consultation with our New Jersey medical malpractice lawyers today. Our attorneys are a great source of legal advice, support, and guidance as you seek to hold a health care provider responsible for negligence and wrongdoing.
Posted in: Medical Malpractice