How Much Could I Be Compensated For?

Malpractice compensation is designed to help the family and the victim themselves pay for the damage wrought by medical negligence.

There are some truly egregious cases of medical negligence and, in some cases, these instances of doctors not coming through on their duties to their patients can be disfiguring, life altering or even fatal. Here are the basic elements of medical malpractice compensation that you'll want to understand if you're considering filing a lawsuit against a negligent doctor or healthcare provider.

1: It's relative to the damage done.

When you see large jury awards and settlements reported in the media, there's usually a very good reason for it. The compensation given out by juries is relative to how much the person filing the legal action suffered, their expenses and other factors. When you have a case where someone was severely injured due to medical negligence, it's not too surprising that they may end up being awarded a large settlement.

2: Lost wages and quality-of-life will factor into the equation.

There are factors that attorneys take into account that are sometimes difficult to put into dollar figures if you're not experienced with how lawsuits work. One category is lost wages. The attorney will figure out how much the person affected has lost and will lose in terms of their missed work or their not even being able to pursue their chosen career anymore due to the effects of the medical negligence.
The loss of some of your quality of life is also factored into these jury awards and settlements. Pain and suffering is a similar category that is oftentimes added onto these sums.

3: Settlements.

The point of the defendant offering you a settlement is so that they can avoid paying court fees for a losing case. You, too, get this benefit from taking a settlement, but these may be less than the jury award you're seeking. Sometimes the sums are high enough that the settlement is worth taking and your lawyer will let you know if you're facing such a situation in your case. Don't take a settlement without consulting with your lawyer first, however.
A Texas malpractice lawyer can give you more information about the specifics of medical malpractice compensation. Texas has very strict and specific laws where medical negligence is concerned, including caps on compensation. Make sure you speak with an attorney to get more information on this matter.