The average payout award for medical negligence lawsuits or claims will vary by the case. If you settle out of court, you may receive several hundred thousand dollars. Jury verdicts could be higher, and depending on the case, could be over one million.
If you are filing a lawsuit or claim for medical negligence, you will be suing for both economic and non-economic damages for medical negligence. That involves the actual costs to you during your complaint of medical negligence. Additional costs, non-economic costs would be pain and suffering, and other non-economic costs.
If you are suing in South Carolina, Civil Code section §15-3-545 provides a statute of limitations of three years to sue or file a claim. A medical malpractice attorney will know what judges and juries need to see if you are suing for medical negligence.
Economic Damages Calculations
Medical negligence compensation settlements are calculated according to losses suffered. They are calculated according to economic losses and non-economic losses.
These are damages that you may be entitled to compensation for if someone was negligent with your medical problem.
Keep track of every record you have of this medical problem, every receipt during your medical stay, and your claim. Even mileage, fuel costs for the car, and other expenses may be incurred due to medical negligence.
A court will calculate these costs to the penny. These are the exact costs that you will be reimbursed for if you are successful in your claim. You can also keep track of lost wages costs, which can be calculated using previous tax returns and any existing pay stubs or bank statements that you have.
If you need devices, medical assistance, or a band-aid, keep track of every expense incurred due to medical negligence.
Non-economic Damages Calculations
These damages are calculated according to your life now after the medical negligence. The law recognizes that you may be emotionally suffering due to someone else's error or negligence.
You may have to get a specialist in a different city, for example. You may have lost companionship due to wrongful death. You are upset about this. It's not just in your head. The law recognizes that.
South Carolina Civil Code §15-32-220 has a damages cap for this set at $350,000 for each claimant against a single care provider. The damages cap for one claimant against multiple health care providers is $1,050,000. In other words, you would not get more for non-economic damages for this negligence, and there are separate caps depending on how many entities you sue. This would be in addition to any amounts you win for economic damages.
Call a South Carolina Medical Negligence Attorney Today
It is difficult to say what the average payout for medical negligence claims would be in any lawsuit. However, South Carolina is there for victims. You will need help from a medical negligence lawyer that knows what judges and juries need to see to award the compensation you deserve. We can't get your life back, but we can help make your recovery more comfortable. Call the Hopkins Law Firm at 843-314-4202 for a free review of your case.
How do I know if I actually experienced negligence?
Sometimes we don't like what happened at the hospital or clinic. That is normal. If an actual breach of care or duty caused your current problem, you probably have a medical negligence claim. A medical negligence attorney can help you to understand whether or not there was a breach of care.
Who would be liable if I experienced medical negligence at the hospital?
The liability would depend on the situation. If one person caused the negligence, that person would be held liable. If someone told that person to do something, and that person was told by someone else to make that order, and on and on up the chain, the hospital could be sued. An attorney can help to investigate and help sort that out.
This seems like a simple complaint. Do I really need a lawyer to resolve it?
Again, that depends on the situation, but if you are wondering, then you probably do. A medical negligence lawyer will often work on a contingency fee so that you don't pay until or unless you win. If you are going up against a hospital or large clinic, you'll want someone by your side that knows how to fight them.