A common question we get asked when taking on new cases is, “How much is my medical malpractice case worth?” The answer is, it depends. There are a variety of factors that influence the value of a medical malpractice claim. It’s always best to work with an attorney who has extensive experience dealing with this kind of case, as they will know what details to look for to build a strong argument and give you the best chance at maximum compensation.
What Damages Can You Pursue?
When you file a medical malpractice claim in Baton Rouge, there are several types of damages you can seek to cover the various ways you’ve been affected:
- First and foremost are medical expenses. This includes all the costs for the medical care you’ve needed because of the malpractice, like hospital stays, surgeries, medications, physical therapy, and any future medical care you might need.
- Lost wages are another important type of damage. If the injury keeps you from working, you can get compensation for the income you’ve lost. This is not just about money already lost but also money you might lose in the future if you can’t go back to work or have to take a lower-paying job because of your injury.
- Pain and suffering compensation is about the physical pain and emotional distress you’ve experienced. These damages recognize how the injury has affected your life, such as experiencing constant pain, not enjoying hobbies you used to, or feeling more stressed or anxious.
- Sometimes, you might also be able to get compensation for long-term care. This occurs in situations where you need ongoing help, like nursing care, physical therapy, or modifications to your home to help you live with your injuries.
All these damages are meant to help you cover the costs and impacts of the medical mistake and help you move forward. Calculating these damages can be complex, and each case is unique, so the exact amount will depend on the specifics of your situation.
Are There Compensation Caps for Medical Malpractice in Baton Rouge?
In Baton Rouge, like the rest of Louisiana, there are caps on how much money you can get in a medical malpractice case. The cap is currently set to $500,000, with the exception being costs of future medical care and benefits, according to Louisiana statute RS 40:1231.2.
Who Pays the Most in Medical Malpractice Cases?
In medical malpractice cases in Baton Rouge, the majority of the compensation typically comes from the insurance companies of the doctors or hospitals involved. These insurance companies are responsible for covering their clients in cases of malpractice claims. They have policies in place that provide financial protection to healthcare providers in such situations.
When a medical malpractice claim is made, the insurance company will usually handle the negotiations and, if necessary, the payment of the settlement. The amount of money these companies pay out is often determined by the insurance policy limits of the healthcare provider.
However, there are cases where the settlement or award amount exceeds the insurance policy limits or the malpractice is so severe that additional compensation is deemed necessary. In these instances, the doctor or hospital might be required to pay part of the settlement or award from their own funds. This is more common in cases involving significant negligence or particularly severe consequences for the patient.
The process of determining who pays and how much can be complex, involving negotiations between several parties. That’s why having a knowledgeable lawyer to handle these negotiations is wise. They can help ensure that all potential sources of compensation are explored to secure the full amount of damages you’re owed.
How Do Settlement Negotiations Work?
Settlement negotiations are, arguably, the most important part of any lawsuit. These discussions involve talking with the other party (or parties) involved–usually the healthcare provider’s or hospital’s insurance company–to come to an agreement about how much money should be paid to you for the harm you’ve suffered. A skilled attorney will fight to obtain no less than how much your medical malpractice case is worth.
The process starts with your lawyer putting together all the evidence, like medical records and expert witnesses, and using this to show how you’ve been hurt and what it’s cost you. They’ll send a demand letter to the insurance company, which starts the negotiations. The insurance company will usually respond with an offer, but this first offer is often lower than what you’re asking for or what you need.
Then there’s usually a back-and-forth between your lawyer and the insurance company. Your lawyer will push for more money, using the evidence to argue your case, while the insurance company will try to settle for as little as possible. This can take time and might involve several rounds of offers and counteroffers.
Sometimes, if you and the insurance company can’t agree on a fair amount, the case might go to mediation. This is where a neutral third party helps you both try to reach an agreement. If that doesn’t work, the case could go to court, where a judge or jury will decide.
Throughout this process, having a lawyer who knows how to handle these negotiations is important. They can fight for your rights and work to get you the compensation you deserve.
Got Questions? Call Our Baton Rouge Medical Malpractice Attorneys
If you’ve been injured due to medical negligence and are wondering how much your medical malpractice case is worth, our Baton Rouge malpractice attorneys are here to help. We don’t get paid unless we win your case, and our fees come from the settlement awarded to you. We’re your Go2Lawyers. Contact us at 225-222-2222 today for a FREE case review.
