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What Is the Average Settlement for Medical Malpractice?

January 24, 2020 |

An injury, illness or infection from a health care practitioner’s preventable mistake could give you grounds to request a settlement from the party’s insurance company in Montana. An insurance settlement or trial verdict for your personal injuries could reimburse you for all the associated costs and damages you suffered. Each medical malpractice claim is unique. Contact an attorney to find out what your settlement could be worth.

What Is Medical Malpractice?

First, find out if you have been the victim of medical malpractice. These claims have high burdens of proof for victims. In Montana, the definition of medical malpractice is wrongdoing, negligence or wanton disregard for others’ safety on the part of a medical provider that leads to a patient’s injuries or wrongful death. Many different health care mistakes could lead to medical malpractice settlements.

If you believe you experienced medical malpractice in Montana, you have two years from the date of the mistake to file your claim. You or your attorney must file a claim to damages with the at-fault party’s insurance provider. Your demand letter should describe all the losses you suffered due to the malpractice, along with an amount you are requesting for each damage. A lawyer can help you calculate the value of your claim.

What Is Your Settlement Worth?

Most medical malpractice survivors want to know how much money their claims are worth. This is a hard question to answer, however, as an average settlement does not exist. Plaintiffs throughout history have obtained from a few thousand dollars to billions for their injuries and damages in medical malpractice claims. Instead of looking at averages, speak to an attorney for in-depth insights into your particular claim. A lawyer can assess your unique damages and give you an idea as to what your case might be worth.

That being said, it may be possible to calculate the value of your claim accurately using a general settlement formula. Add up the total amount of your economic damages, both past and future. These include all expenses you or your loved ones spent due to the malpractice, from medical costs to legal fees. Then, estimate your noneconomic damages. Most juries calculate these damages by multiplying a victim’s economic damages by a number from one to five depending on the injuries. A lawyer can help you find out which multiplier to use according to your specific losses.

Damages Available in Montana

You could be eligible for certain types of damages regardless of the precise value of your medical malpractice settlement. The Montana courts make the same damages available for recovery by all personal injury survivors and their loved ones. Recoverable damages can be both economic and noneconomic, as well as past and future.

A medical malpractice lawsuit can take longer to resolve and cost more money to litigate than an insurance settlement, but it could result in better compensation for your losses. Understanding which legal route is right for you may take help from an attorney. A personal injury lawyer can work closely with you to identify your goals for the claim. Then, he or she can take steps toward achieving maximum recovery on your behalf.

Damage Caps

Many states impose damage caps, or maximums, on medical malpractice claims. Damage caps aim to preserve the health care industry by protecting it from limitless liability for patients’ injuries or deaths. In Montana, the cap on noneconomic injury damages is $250,000 per patient in medical malpractice claims. Punitive damages also have a cap of either $10 million or 3% of the defendant’s net worth (whichever is smaller). Claims against the government or public entities also have caps: $750,000 per claim and $1.5 million per occurrence. Speak to a lawyer about your claim for more information.