Have you experienced medical malpractice and are taking your case you court? If you're in Baltimore, MD, you may be wondering what exactly your case is worth. There are several things that you should know about who decides what your settlement should be, and how they make that decision.
Ask a Medical Malpractice Lawyer in Baltimore, MD: Who Decides What My Case Is Worth?
While it would be nice to have a clear idea of what exactly your compensation is going to be if you win your medical malpractice case, it does depend on several factors. Ultimately, the jury presiding over your case is going to determine what your case is worth.
They will take several things into account as they decide how much money to award you for your settlement. Working with a top Baltimore medical malpractice lawyer will ensure that your best case is presented and help you get the most out of your settlement.
Your Lost Earning Capacity
If the injury you received because of the medical malpractice you experienced impeded you from being able to work and earn a salary, this is something the jury will take into account when determining how much you should be compensated. Damages like this, which can be calculated exactly, are referred to as special damages.
This is why you should keep track of any documentation from your workplace detailing wages that were missed as well as notes from doctors detailing why you are unable to work. These are important pieces of evidence that will help you get fair compensation.
Medical Bills
Another important piece of evidence that you and your lawyer will seek out is your medical bills. Medical bills will count as special damages since it will be easy to add them all up and total how much your compensation should be.
Along with your existing medical bills, you may also require future treatment to deal with your injury. If it's likely that you'll need further medical care because of your injury in the future, then future medical expenses should also be factored into your settlement. These amounts can often be quite large.
Future Lost Earning Capacity
This is where things can start to get a little more complicated. It can be difficult to calculate what exactly your future lost earning capacity can be, and you and your lawyer may even need to hire an economic expert.
An example of this is if you earned $50,000 per year, but after your injury, you were only able to return part-time. If you then earn $25,000 per year, your lost earning capacity is $25,000, but this value can change over time, which is why you may need to hire an economic expert to determine what that amount could be worth in the future.
Pain and Suffering
It's difficult to assign a specific number to the pain and suffering you experienced because of your injury. Pain and suffering are divided into two different categories: physical pain and suffering and mental pain and suffering. The jury will have to use their own judgment, experiences, and backgrounds to determine what your compensation should be.
Physical pain and suffering refer to things like the pain of your injury along with things like scarring and disfigurement. Mental pain and suffering refer to emotional harm you've experienced like PTSD, depression, anxiety, or fear.
How Will My Lawyer Help?
They're Experts at Law
Your lawyer will have spent many years both training and practicing the law. They know how difficult the law can get, and they know how to navigate the complexity of the legal system. That's training that you don't necessarily have.
If you want to make sure that your best case is put forward, you need a lawyer on your side. This is especially true for medical malpractice cases, which are notoriously difficult. While it may be tempting to try and save money by representing yourself, you'll likely only lose money in the long run because of your lack of expertise.
They Have Resources You Need
You may not have access to the same resources that your lawyer does, and these resources can make a huge difference in your case. To ensure that your case has the best chance of winning, your lawyer will take advantage of these resources.
This includes things like expert witnesses, who are professionals in their fields who can testify on your behalf. So, for instance, your lawyer may hire another doctor as an expert witness to explain to the jury why a competent doctor would have done something differently in your case.
Experiencing medical malpractice is a scary thing. We trust doctors to look after us, and when they betray that trust it can be incredibly traumatizing. If you're seeking compensation for what your doctor put you through, know that your lawyer is there to support you.
