What is the Average Settlement for Medical Malpractice in Florida?
Gregg Hollander | June 2, 2022 | Medical Malpractice
It is almost impossible to overstate the harm that can be caused by medical malpractice. When doctors act negligently, completely healthy people may be subjected to unnecessary and harmful medical treatments, or sick and injured people may not receive the lifesaving treatment they need.
These actions may cause lifelong suffering or even wrongful death. And those who live are likely to face years of unpleasant recovery.
The high cost of medical treatment adds to the unpleasantness of recovery. Medical costs almost always start at tens of thousands of dollars and often reach millions. The average person needs help to pay all those costs. Most of the time, the only way to get the funds is to file an insurance claim or lawsuit.
But will the insurance company pay what you need in a medical malpractice claim? That depends on a lot of factors. The average settlement for medical malpractice fluctuates significantly based on both the details of your case and the actions you take.
Always Retain a Medical Malpractice Lawyer
Insurance companies are businesses that are trying to make a profit. The best way to make a profit is to pay out as little in claims as possible. This means that if the insurance company can find a way to justify it, you will have your claim denied or receive a lowball offer. Medical malpractice attorneys can prevent that.
Medical malpractice lawyers understand what type of evidence is necessary to prove your case, and they have experience investigating malpractice cases. On average, this experience makes for higher settlement offers, even after the lawyer takes their contingency fee percentage.
The Various Forms of Compensation Available in a Medical Malpractice Claim
While paying for your medical costs will be your first concern after suffering medical malpractice, that isn’t the only thing you can be compensated for in a medical malpractice claim.
In most cases, you can also be compensated for:
- Lost income due to your inability to work
- Continuing medical costs like rehabilitation, therapy, and assistants
- Pain and suffering related to the medical malpractice
- Miscellaneous costs or lost opportunities resulting from your injury
The more significantly a medical malpractice injury interrupts your life, the more you can receive in compensation. Insurance companies should consider the totality of your damages before making a settlement offer.
Settlements vs. Jury Awards
Civil trials have the potential to result in extremely high awards for victims of medical malpractice. Insurance companies are aware of the potential compensation that juries can award.
Accordingly, most medical malpractice cases end in settlements. One reason for this is that settlements usually take less time than trials. Civil trials can last years, or possibly even decades. That is an unreasonably long time to wait when you need medical treatment immediately.
The settlement process is also less costly for the parties involved. Years of litigation can be expensive, including filing fees, attorney’s fees, expert witness fees, etc.
Florida’s Statute of Limitations Can Affect Your Medical Malpractice Claim
One important consideration when deciding whether to accept a settlement offer from an insurance company is the statute of limitations for medical malpractice lawsuits in Florida.
You generally only have two years after medical malpractice occurs to file a lawsuit, and no later than four years from the incident date if the injury wasn’t discovered right away. If that time limit is coming up, you may want to accept a reasonable offer rather than try to file your lawsuit in the limited time remaining.
It isn’t always the best option, but insurance companies have very little reason to offer fair settlements if the statute of limitations has already passed. Your medical malpractice lawyer will keep an eye on the applicable deadline to file your lawsuit to ensure that you obtain the maximum results and preserve your legal rights.
Contact Our Medical Malpractice Law Firm in South Florida
Hollander Law Firm Accident Injury Lawyers – Boca Raton Law Office
7000 W Palmetto Park Rd #500
Boca Raton, FL 33433
Hollander Law Firm Accident Injury Lawyers – Fort Lauderdale Law Office
1975 E Sunrise Blvd Suite 702
Fort Lauderdale, FL 33304
Hollander Law Firm Accident Injury Lawyers – West Palm Beach Law Office
319 Clematis St #203
West Palm Beach, FL 33401