Calculating How Much a Medical Malpractice Case Is Worth

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2021

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The value of a medical malpractice lawsuit is as much determined by the area in which the case is filed, as it is by the injuries involved. A jury in New York City or San Francisco, for instance, might award the same injured person a great deal more money than a jury in a small town in Tennessee or Iowa.

The amount of your compensation in a medical malpractice case will depend on several elements, including:

1. the severity of your injury;

2. the influence of the injury on your life, and particularly your ability to work;

3. the degree of negligence of the doctor;

4. your past medical history;

5. your pre-existing injuries; and/or

6. whether there is a cap on damages in your state.

In general, the difference between your quality of life before the accident as compared to after the accident will play a significant role in the damages you recover.

Putting a dollar amount on the total amount of your claim depends on the relative strengths of your case and your opponent’s case, your resourcefulness and ability to get all the facts, and the ability of both sides’ attorneys to spend the time and effort necessary to do the job that is required. If your injury is serious, a medical malpractice lawyer backed by years of experience evaluating malpractice cases would be the most reliable and knowledgeable source for information on the value of your specific case.

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