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Injury Attorneys | Restoring LivesTM
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.
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.
Several factors can help determine a dollar amount:
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 is required, the Indiana Patient’s 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’s Compensation Fund and limited to $1,000,000.
If you or a loved one have been injured as a result of medical malpractice, contact the Indianapolis Medical Malpractice Attorneys of Wilson Kehoe Winingham. The lawyers at WKW can help you get the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.
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