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3 factors that influence medical malpractice settlements

On Behalf of | Jun 14, 2023 | Medical Malpractice

According to the Comptroller’s Annual Claims Report, New York City paid out over $60 million in medical malpractice claims in 2022 alone. It highlights medical malpractice’s significant impact on individuals and their families.

If you or a loved one is a victim of medical malpractice, understanding the factors that influence medical malpractice settlements is crucial in managing your expectations and ensuring you receive fair compensation. While every case is unique, several key elements typically play a role in determining the settlement amount, as explained below.

1. The severity of your injuries

The extent or severity of the harm caused by medical malpractice is a crucial consideration. More severe injuries that result in long-term disabilities, chronic pain or permanent impairment lead to higher settlement amounts. 

2. The damages you suffered

Another factor influencing the settlement is the damages or harm you suffered, such as present and future medical bills, prescription costs, rehabilitation expenses and any necessary assistive devices. Lost wages and diminished earning capacity due to the injury also weigh in the potential settlement, as do non-economic damages like pain and suffering, emotional anguish and a lower quality of life.

3. Evidence of negligence and damages

The strength of the evidence supporting your claim and the ensuing damages can significantly impact the settlement negotiation. These include medical records, expert opinions and witness testimony. The stronger your claim is, the higher the potential settlement. It explains the importance of presenting a strong case with your claim.

Having qualified legal assistance is vital in navigating the complexities of medical malpractice claims and negotiating a fair settlement. It will also help you understand the intricacies of medical malpractice laws, your legal rights, and how to increase your chances of getting justice.


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