Medical Malpractice Compensation
If you have been seriously injured at the hands of a medical care professional, you may be wondering what medical malpractice compensation you can get.
Medical Malpractice Compensation | How the Court Determines Damages
If you’ve been a victim of medical malpractice, you and your family need compensation. The complexity of malpractice cases, however, requires significant research and testimony from expert witnesses, all of whom must be paid. You can’t pay them out-of-pocket – you’re already struggling. This money has to come from your reward. Because of that, your damages have to rise to a certain level, so you can pay your attorney and expert witnesses and still have compensation left over. As such, it is not generally worth your time to pursue a claim for a minor injury.
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Medical Malpractice Compensation | Limits on Damages
Before 2014 there were caps on noneconomic damages – intangible losses like pain and suffering or loss of companionship for a loved one – in a malpractice suit. A court overturned these caps, at least in wrongful death cases, as unconstitutional – though the precedent may in the future be applied to noneconomic damages in any Florida medical malpractice case.
If a physician admits that the malpractice in the pre-suit phase, the law imposes caps automatically. These caps are $350,000 if you proceed to a jury trial and $250,000 if you agree to arbitrate.
Medical Malpractice Compensation | Cost of the Case
Most law firms will not charge you for a consultation, and will often take on the costs of obtaining your medical records and hiring an independent medical expert for you. There will be no cost for an evaluation and investigation, even if the attorney finds you cannot proceed. (But be sure to ask about this – not all attorneys have the same policy.) Most Florida medical malpractice lawyers use contingency fees, taking a percentage of the award or settlement. (That means that if you lose at trial, you won’t have to pay your attorney anything.)
If you have questions about winning potential medical malpractice compensation, please call our Tampa personal injury attorneys today for a free consultation.