It is difficult to correctly estimate the total amount that a victim of a medical malpractice personal injury will be awarded through an insurance company medical malpractice settlement or a jury verdict. There are many factors that go into these cases that influence any damage amount awarded. This can include:
The severity of the injuries caused by the mistake.
Whether a victim can make a full recovery.
How severe a victim is disabled.
Whether a victim can return to work.
Whether there is a diminished work capacity.
The level of pain and suffering the victim sustains.
In most cases, a medical malpractice claim will be settled out of court. This allows for a predictable and final settlement amount to be negotiated by both sides, preferably one that covers all of a victim’s losses.