What Is The Average Medical Malpractice Lawsuit Settlement?

Many people wonder whether or not a lawsuit is even worth the time. Will the settlement payout be worth it? Often, plaintiffs say they would never have gone to court or asked a lawyer for help if it was just about the money. For them, it can be mostly about principle: holding someone accountable for a personal injury. In our case, we see personal injury on a routine basis in the medical malpractice cases we fight to win.

Although the amount of a verdict or settlement is contingent on what happened, the average payout is around $242,000 according to Wolf and Pravato

How will an attorney decide the right ask? 

A number of factors are plugged into the equation. These might include obvious damages such as lost wages, medical bills, future lost wages as the result of diminished productivity or inability to retain employment, physical therapy, loss of benefits, and pain or emotional trauma. Judges sometimes slam defendants with punitive damages if the negligence was egregious. Your lawyer will have a lot of questions, so make sure you take careful consideration and answer honestly.

Lawyers and defendants will always prefer to settle outside of court — because you never know what will happen once you cross the threshold into one. That’s why the vast majority of personal injury or malpractice cases inevitably settle without the need for a courtroom verdict. Courtroom cases also take much longer, so plaintiffs don’t like them either.

Medical malpractice cases usually provide bigger payouts because a single — successful — medical malpractice case can bring down even the best doctors or most esteemed hospital systems. One mistake can be deadly for a client and business both. 

Not sure you have a medical malpractice case? Contact an attorney to find out for sure. Compile all your relevant bills and know your story before you make the call. Answer questions honestly. And remember — it’s not always about the money. You can prevent it from happening to someone else.

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