There is no average payout for medical negligence. Your payout will depend on the unique circumstances surrounding your case. If you file a successful medical malpractice case, your financial settlement will depend on your unique injuries, the severity of the negligence, and your specific economic and non-economic damages.
A medical malpractice lawyer from our firm can help you understand how the different laws, guidelines, and regulations may affect your medical malpractice settlement. After all, every case brings a unique amount of pain and suffering that will need to be factored into your overall case value.
Caps on Damages in the State of Illinois
You may qualify for different levels of compensation depending on what state you live in. Thankfully, the state of Illinois has no limit on the amount of economic and non-economic damages you can receive. However, this was not always the case. Before 2010, the state of Illinois had a $500,000 cap on non-economic damages in cases brought against healthcare professionals.
For cases against hospitals – or other healthcare institutions – there was a $1 million cap on non-economic damages. Fortunately, these caps on damages were ruled to be unconstitutional during the landmark ruling in Lebron v. Gottlieb Memorial Hospital – according to the National Center for Biotechnology Information (NCBI).
One of the benefits of retaining a medical malpractice lawyer from our team is having a legal professional by your side to help you appraise the value of your more difficult damages. For example, emotional damages do not carry a universal value because every victim suffers different psychological hardships. Your medical malpractice lawyer with us can reach out to psychologists and other expert witnesses to help you determine the true cost of your abstract losses.
The Effect of “Comparative Fault” on Your Financial Settlement
Illinois’ law on comparative fault is described under 735 ILCS 5/2-1116. This law states that you are only barred from compensation if you are responsible for the majority of your injuries (more than 50%). Any level of responsibility less than 50% means you are still eligible for compensation.
The most important thing to keep in mind is that your level of responsibility will have a direct correlation to the monetary settlement you receive. The court will translate your personal liability into a percentage, and this percentage will be directly applied to your settlement, which reduces your settlement proportionately.
If you retain a medical malpractice lawyer from our firm, your attorney can help you gather evidence to defend your version of events so the defendant does not wrongfully accuse you of contributing to your injuries.
An Example of Comparative Fault
Here is an example of comparative fault in action:
- Let us pretend a doctor misdiagnosed your broken arm as a sprain. After your diagnosis, you continue to play sports with the broken arm, which eventually exacerbates the injury. The court may determine that the doctor’s actions were responsible for 70% of your injuries, and your actions constituted 30% of your current injuries. If you were awarded $100,000 for your injuries, your settlement would be reduced by 30%, leaving you with a final settlement of $70,000.
Types of damages you can seek when you sue a doctor
When you file a lawsuit for medical malpractice in the state of Illinois, the civil courts allow you to seek compensation for your physical ailments, psychological trauma, and financial hardships. If you retain a medical malpractice lawyer from our team, your attorney can work with you to assign monetary values to all of these losses, even the more abstract damages like your emotional suffering.
Overall, you are within your rights to seek financial compensation for numerous economic and non-economic hardships, including:
- Diminished quality of life
- Medical bills related to your initial treatments and future treatments related to the act of negligence
- Loss of job-related income and benefits
- Loss of future earning capacity due to continuous long-term injuries
- Psychological anguish, including loss of consortium, post-traumatic stress disorder (PTSD), and various other mental health conditions
- Funeral expenses (if the medical negligence led to the death of a loved one)
- Assistance with permanent disabilities
- Physical disfigurements
- Rehabilitation programs to help you rejoin the workforce and lead a normal life
- Overall pain and suffering
Statute of Limitations for Medical Malpractice Cases in Illinois
According to 735 ILCS section 5/13-212(a), as soon as you find out about your injuries, you generally have two years to file a medical malpractice claim against the individuals who caused your accident. With one of our medical malpractice lawyers by your side, you can focus on the more important things in life while your attorney keeps you up to date on these important deadlines.
Otherwise, you may accidentally wait too long to file your case, essentially forfeiting your right to compensation in the process.
Fighting for a Fair Settlement with one of our Medical Malpractice Lawyers
Over the years, our attorneys at The Kryder Law Group, LLC have seen firsthand that the average payout for medical negligence is subject to change from case to case. While we cannot guarantee you a certain amount of money for your pain and suffering, we will do everything in our power to help you protect your right to compensation.
To help set your mind at ease, here is a quick look at some of the legal services we can provide for you and your loved ones during your fight for justice:
- Negotiating financial settlements
- Helping you prove liability
- Civil litigation services
- Filing insurance claims
- Determining an overall value for your economic and non-economic damages
- Educating you on the unique medical malpractice laws in your area
- Providing legal counsel throughout your proceedings
- Gathering evidence
Contact our Attorneys Today to Learn more
To learn more about the medical malpractice services we offer at The Kryder Law Group, LLC, contact a representative today to receive your free consultation.