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Evaluating your claim
"How much is my case worth?" Unfortunately lawyers find it difficult to answer this question early in the process. It will take time to properly analyze the value of the case by knowing who the "experts" are and what they have to say. Facts, law and evidence all have to be developed before an educated estimation can be made. Good solid medical malpractice cases often are determined by answers to questions such as:
- How clear is it that your damages were caused by a medical provider's mistake?
- Did the medical provider give you sub-standard care?
- How outrageous are the facts?
- Is there brain damage, death, or paralysis involved?
- How bad has your pain and suffering been?
- What has been the effect on your life and the lives of your loved ones?
- How has this affected your every day life until now?
- How will this affect your every day life in the future?
- How severe and permanent are your injuries and damages?
- What can be done to treat you in the future?
- What will be your suffering in the long run?
- How much have your medical bills been as a result of the malpractice?
- What will be your medical bills in the future as a result of the malpractice?
- How long will you be out of work?
- Were your injuries considered a normal risk of the medical treatment you received?
- Even if they were considered a risk, were you fully informed of the risks and consent to accepting those risks?
- When does (or did) the Statute of Limitations run out.
If experts are very strong in their opinion that negligence caused the injuries and the doctor's experts have difficulty supporting the defendant's conduct, then the claim increases in value.
How well the patient's experts can separate the injuries caused by the malpractice from the underlying injuries for which the patient sought medical care also plays a role in the evaluation process. The bottom line is that early in the litigation it is difficult to answer the question, "how much is my case worth?"
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