How Florida Attorneys Value a Heart Attack Medical Malpractice Case
One of the first questions people have regarding mistreatment of a heart attack is “How much is my medical malpractice claim worth?” It’s a valid inquiry, since it can be difficult to understand how compensation works if you don’t have a legal background. There are many factors that impact the amount of damages you may be entitled to recover, so every claim is different. It can also be hard to comprehend how your experience with a heart attack medical mistake can translate into money.
Though it’s not possible to provide an exact amount of what you can recover, it may be useful to review some information on how Florida medical malpractice attorneys value these cases.
Comparing Settlement Value to Trial Value: The first important valuation factor in a medical malpractice case involves the two basic strategies for resolving your claim.
- The settlement value is what you and your lawyer would view as a reasonable amount to settle the case out-of-court. Typically, this would be the lower of the two scenarios because you avoid the uncertainty of taking your case to trial – where you could possibly recover nothing.
- The trial value is the amount you could foreseeably recover if you went to a full trial, in court, on the merits of the case.
To put these two scenarios into perspective, attorneys usually take the trial value and multiply it by the odds that you’ll win in court. The product of this calculation would be the settlement value. As such:
- You believe you have a 25 percent chance of winning in court
- You estimate that the jury would award $1 million – i.e., the trial value; therefore,
- Your settlement value should be approximately $250,000
Damages in a Heart Attack Medical Malpractice Claim: Another important factor that affects your heart attack medical malpractice claim value is the types of compensation you may recover. Damages are intended to put you in the same position as if the medical error never occurred, at least to the extent that it’s possible. You may be able to obtain compensation for:
- The medical costs you incur for treatment of the injuries resulting from heart attack malpractice
- Your lost wages, if you’re unable to work because of your injuries
- Pain and suffering
Unlike other US states, under most circumstances Florida doesn’t impose a statutory cap on pain and suffering damages – termed non-economic damages in medical malpractice cases. In North Broward Hospital District v. Kalitan, a case that originated in Broward County, the Supreme Court of Florida found a law limiting non-economic damages to be unconstitutional.
Schedule a Consultation with a Florida Medical Error and Malpractice Lawyer
As you can see, there’s no one way to value a heart attack medical malpractice case, though this overview provides some guidance on the factors that go into the determination. To learn more about your rights and legal remedies as the victim of a medical mistake, please contact the Miami medical malpractice lawyers at Freidin Brown, P.A. We can schedule a no-cost case evaluation at our offices, where we’ll review your circumstances and advise you on how compensation works in a medical malpractice claim.