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The value of a medical malpractice case can vary widely based on the severity of the medical malpractice injuries, whether the condition is permanent, and the long-term care the patient will need. A claim involving a full recovery is typically worth less than one involving disability or a lasting condition.
If you need help valuing your claim, a Melbourne medical malpractice lawyer can review your losses and explain what types of compensation may be available.
Factors contributing to the average medical malpractice settlement
In Florida, medical negligence can happen when a doctor makes a serious mistake during surgery, gives the wrong medication, or delays a diagnosis. It can also involve birth injuries or infections caused by unsafe conditions. More serious or permanent injuries usually lead to higher compensation.
Economic damages include:
- Past and future medical care
- Lost wages and reduced earnings capacity
- Out-of-pocket expenses, such as travel for treatment
Non-economic damages include:
- Pain and suffering
- Loss of quality of life
- Loss of companionship for close family members
Florida’s statutory caps on non-economic damages in medical malpractice cases (see Florida Statutes § 766.118) have been found unconstitutional by the state’s highest court in many applications, meaning compensation for pain and suffering may not be strictly limited. For patients, this means your full pain and suffering may be compensable if strong evidence shows how the injury has affected your daily life and long-term well-being.
Evidence and legal strength play a major role in value
Strong evidence that a medical professional made a preventable mistake can help your case. Medical records, hospital bills, diagnostic imaging, and expert testimony showing what went wrong make it easier to prove negligence and encourage the insurance company to offer a fair settlement.
The provider’s insurance coverage also affects case value. Most settlements are paid up to the doctor or hospital’s policy limits, which means available compensation may be capped by coverage, not by the harm caused.
Most claims are resolved through a settlement, since going to trial can take time and money. A trial may still happen if there is a big disagreement about what happened or how much the case is worth. In unusual situations where a provider acted especially poorly, a court might award extra compensation, although Florida places limits on those amounts.
Loss of earnings and future care needs increase compensation
A serious medical injury can affect your ability to work. You may need to reduce your hours, take a lower-paying job, or leave the workforce for a while. When a paycheck disappears, the value of the claim often goes up because your future income is affected. That impact is even greater for someone who is earlier in their career.
Long-term care needs can also raise the value of a case. Some people need ongoing treatment, physical therapy, medical equipment, or help at home. A claim should include these future costs so you are not stuck paying for needs caused by a preventable medical error.
How pain and suffering influence case value
A medical injury can change much more than someone’s physical health. Ongoing pain, anxiety, or depression can make everyday tasks harder. Some people are no longer able to drive, play sports, or enjoy the activities that used to bring them happiness. These changes can affect the whole family, especially if loved ones need help with daily care.
These experiences matter. Keeping notes about symptoms, getting support from a counselor, and asking friends or family to share what they have noticed can help show how much your life has changed. This kind of documentation can support compensation for the emotional and lifestyle effects of the injury.
How your lawyer increases the value of your medical malpractice lawsuit
An experienced medical malpractice lawyer from Lytal, Reiter, Smith, Ivey & Fronrath can work with medical experts to show how the mistake happened and how it affects your life now and in the future. Your legal team can help you figure out if you have grounds to file a medical malpractice lawsuit.
The goal is to make sure every loss is recognized, from medical bills to changes in your daily routine. A strong case helps you plan for the future and holds the responsible medical provider accountable.
What to do if you suspect medical malpractice
Taking the right steps early can make a big difference in the final outcome of your claim. It helps to:
- Follow all medical advice and attend your scheduled appointments
- Keep copies of medical bills, receipts, and written instructions
- Document symptoms and limitations as they occur
- Avoid discussing your case with the insurance company without legal guidance
A lawyer can help handle communication with insurers so you do not say something that could be used against your claim.
Get the help you need from Florida medical malpractice attorneys
You don’t have to accept a settlement that fails to cover your medical care and financial losses. Our Florida medical malpractice lawyers evaluate both current and future needs so you can move forward with confidence. Contact Lytal, Reiter, Smith, Ivey & Fronrath at (561) 655-1990 or contact us online for a free consultation.