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What Dollar Amount Should You Expect After Your Medical Malpractice Case is Settled?

October 20, 2016

If you or someone you love has been hurt as a result of medical treatment, it’s possible to get compensation for your injuries. Such damages are usually paid to compensate you for what you’ve lost as a result of your injury or illness—the cost of medical treatment, reimbursement for any lost income, and your pain and suffering—but punitive damages designed to punish the healthcare provider are also possible to obtain. What might be at the front of your mind, though, is the possible amount of money that you can be awarded in your medical malpractice case.

What’s Your Average Payout for Medical Malpractice Cases in the State of Indiana?

Unfortunately, there’s no easy answer. There are many variables when it comes to medical malpractice cases: There are differences in payouts, and they depend on whether it was inpatient or outpatient malpractice, whether the case is settled in or out of court, and the nature of the injuries. Even if an “average” dollar amount for all medical malpractice cases existed, such a figure wouldn’t do much in the way of offering you a prediction of what your case would look like. This is why hiring an Indianapolis medical malpractice law firm can help.

If you decide to sit down with an Indianapolis attorney, there are several factors that he or she will look at to help determine a dollar amount:

  • Above all else, the severity of the injury or illness is considered. If the injury is a long-term one that impacts the injured person’s ability to work, dramatically interferes with their quality of life, or even permanently disables them, compensation could be higher.
  • Compensation could be affected by how old the injured person was at the time of the illness or injury. Are they young, and will they have to live with complications and medical bills for many years to come?
  • What type of medical care will be necessary to care for them in the future?
  • Where the fault lies in the case will also be considered, and whether or not it’s clear who is at fault. If you’re moving forward with a medical malpractice case, there is probably sufficient evidence of wrongdoing, but the precise nature of the error is what’s being looked at in this case. Some cases aren’t as clear-cut as others.

What are the Medical Malpractice Damage Caps in Indiana?

The state of Indiana has damage caps on medical malpractice cases. A plaintiff cannot collect any more than $1,250,000 in a case, no matter what a jury decides the case is worth. However, this money does not all come from one place. The money first comes from the liable medical provider, who provides the first $250,000 of compensation. If more money than that is required, the Indiana Patient Compensation Fund can pay the remaining $1,000,000. Keep in mind that, if the liable medical provider has already paid $750,000 in total medical malpractice damages that year, they cannot pay anything more: in this case, your recovery would be through the Patient Compensation Fund and limited to $1,000,000.

Talk to a Medical Malpractice Attorney in Indianapolis

Life and recovery would be so much easier if there was a single number you could look at and find peace with. Strong Indiana medical malpractice attorneys might not be able to heal the injury, but their knowledge of state laws and the precise details of your case can help you get closer to taking your life back. Contact the Indianapolis personal injury attorneys at Wilson Kehoe Winingham to discuss the details of your case in a free case evaluation. Call our Indianapolis office at 317.920.6400 or fill out an online form.

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