What is the available compensation for medical malpractice victims? If you’re a victim of medical malpractice, you may be entitled to significant compensation for your medical expenses, lost wages, pain and suffering, and other losses. The amount and type of compensation available for medical malpractice victims depend on factors such as the severity of the injury and the impact on the victim’s life. Every year in the United States, approximately 15,000 to 19,000 instances of medical malpractice lead to civil lawsuits for victims seeking compensation. Understanding the legal options available is essential for victims financial recovery.
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For help maximizing your compensation in a medical malpractice case, contact Ankin Law at (312) 600-0000.
Types of Available Compensation for Medical Malpractice Victims
Compensatory damages in medical malpractice cases in Illinois can be classified into two primary types: economic and non-economic.
Economic Damages
This category includes measurable financial losses resulting from medical malpractice. Known as economic or special damages, they have a clear dollar value.
Medical Bills
Medical expenses can accumulate rapidly following an injury resulting from a medical professional’s negligence. If you experience a severe injury that necessitates ongoing treatment, the costs can be substantial. It is possible to seek compensation to cover your past and current medical bills and future expenses.
To ensure your compensation accounts for all your medical costs, it’s essential to hire a lawyer who is experienced in assessing these expenses.
Lost Wages
Injuries resulting from medical malpractice lead to financial losses beyond medical expenses. You may experience a considerable reduction in your income following your injury, and recovering fully could take a significant amount of time. In some instances, your injuries might even leave you permanently unable to work.
Compensation for lost wages should consider your specific circumstances, including the duration of your expected recovery and future earning potential.
To support your claim for past, present, and future lost wages or income, it’s important to gather adequate evidence.
The following types of evidence could be useful in your situation:
- Pre-injury and post-injury pay stubs to illustrate changes in your earnings
- Recent W-2 forms showing your income from the previous tax year
- Wage verification document from your employer that details your earnings, typical work hours, and any days you’ve missed from work
- Tax returns, payment receipts for services rendered, banking statements, and accounts receivable documentation can assist in demonstrating your lost earnings if you are a business owner or self-employed.
It will also be necessary to obtain witness testimony to establish claims for future lost earnings or a decrease in earning capacity. Your attorney will assist you in locating the appropriate witness for your circumstances.
Non-Economic Damages
Non-economic damages refer to subjective financial losses that are difficult to quantify. Known as general damages, they encompass losses without a specific dollar value, including the following:
Physical Pain and Suffering
Medical malpractice can lead to physical pain and emotional challenges like stress, anxiety, depression, and PTSD. Damage amounts for pain and suffering can vary widely, even among similar cases. Lawyers may use expert witnesses to testify about the types of pain and suffering typically experienced by patients with similar injuries or conditions.
Typically, pain and suffering damages are calculated using the multiplier method by adding up economic losses and multiplying that total by a factor between 1.5 and 5, called a multiplier. This multiplier depends on factors such as the severity of the injury, recovery prospects, and the impact of the injuries on daily life.
Another method that may be used is the per diem method, which assigns a daily dollar value to your pain and suffering. This is usually suitable for pain and suffering experienced for shorter durations. Your attorney will estimate this daily amount and multiply it by the total days you’ve experienced or are expected to experience the pain.
Loss of Consortium
Injuries caused by medical malpractice may affect the victims as well as their families, who experience their own pain from the disruption of relationships. Loss of consortium refers to the loss of the benefits from a relationship due to injury. This type of claim aims to compensate for the loss of companionship, comfort, and affection.
Punitive Damages
In Illinois, punitive damages cannot be recovered in medical malpractice claims against healthcare providers.
Are Damages Capped?
Illinois does not have a cap on medical malpractice claims. Before 2010, the state had limits of $500,000 for claims against medical professionals and $1 million for hospitals. In LeBron v. Gottlieb Memorial Hospital, however, the Illinois Supreme Court deemed these caps unconstitutional, invalidating the law.
How Medical Malpractice Settlements Work in Illinois
In Illinois, medical malpractice settlements provide compensation to victims without the need for a lengthy trial. These settlements are negotiated between the injured party (or their attorney) and the healthcare provider’s insurance company. The process typically involves several key steps.
Consulting a Medical Malpractice Lawyer in Illinois
Consulting with a medical malpractice attorney is the initial step toward securing compensation. An attorney will consider the details of your situation and offer a candid and professional evaluation of your case. This assessment will help clarify your rights and guide you in seeking fair compensation.
Your Attorney Investigates Your Case
After you hire an attorney, they will conduct a detailed investigation of your case. This typically includes reviewing your medical records and any other relevant documents or evidence from before and after the incident. This process helps your attorney evaluate the strength of your case and determine the compensation you may be entitled to receive.
Your Attorney Obtains a Certificate of Merit
In Illinois, patients are required to provide a certificate of merit when filing a medical malpractice lawsuit. This certificate, signed by a licensed medical professional in the same field, affirms that the defendant’s provider did not meet the standard of care. Selecting the right expert is crucial, as these cases often hinge on conflicting expert testimonies that the jury must evaluate.
Negotiation With the Insurance Company
Your attorney will attempt to negotiate a settlement amount with the defendant’s legal team based on factors such as medical expenses, lost income, pain and suffering, and future care needs. You may receive one or more offers from the other side during this time. While your attorney will advise you on the offer(s), the final decision to accept or reject a settlement is yours.
If a settlement agreement is reached, you’ll sign a release waiving the right to pursue further legal action in exchange for compensation. Once finalized, the settlement amount will be disbursed.
If the parties cannot agree on a fair settlement that includes compensation for all your losses, you may need to go to trial.
Filing a Lawsuit and Going to Trial
Your attorney will file your case in the appropriate court. The case then moves into the discovery phase, where both sides exchange evidence and take depositions.
During the trial, both parties present their arguments, evidence, and witness testimony. A jury typically determines the outcome, and the judge announces the final verdict.
If the jury rules in your favor, the defendant is legally required to pay compensation. However, settlement negotiations can continue at any point during the trial, and the case may be resolved before a verdict is reached.
How Settlements Are Paid
Settlements can be disbursed in various ways based on the specific agreement reached between the plaintiff and the defendant.
- Lump-Sum Payment: This option involves paying the entire settlement amount in one payment, offering immediate funds to address medical bills, lost income, and other damages.
- Structured Settlement: In this scenario, payments related to medical malpractice are disbursed over time through a series of installments rather than a one-time payment.
- Combined Approach: Occasionally, a settlement may incorporate both a lump-sum payment and structured installments. An upfront lump sum can assist with immediate expenses, while structured payments can address ongoing or future needs.
Why You Need an Experienced Medical Malpractice Lawyer to Maximize Your Compensation
Medical malpractice cases require a thorough understanding of medical and legal principles. An experienced medical malpractice lawyer can significantly increase your chances of receiving full and fair compensation by working with medical experts to build a strong case, negotiating with insurance companies, and representing you in court if necessary.
Legal Knowledge and Skill
Insurance companies often try to minimize payouts by disputing liability or downplaying the extent of your injuries. A skilled attorney will counter these tactics, gathering critical evidence such as medical records, expert testimony, and financial documentation to support your claim. They can also accurately calculate the full extent of your damages, including medical expenses, lost wages, pain and suffering, and future care needs.
Access to Medical Witnesses
Medical malpractice attorneys collaborate with a network of medical specialists who can offer valuable insights and evaluations regarding the standard of care in various medical fields. These specialists can serve as medical malpractice expert witnesses in court, bolstering the strength of your case.
Maximizing Compensation for Damages
At Ankin Law in Chicago, our medical malpractice lawyers have the experience to assess the complete range of damages resulting from medical negligence. They may accurately determine the full amount of compensation to address your medical expenses, lost income, future healthcare requirements, and additional losses.
To maximize your medical malpractice claim, contact us at Ankin Law.
