Losing a loved one is always difficult, but when it happens due to medical negligence, it can be even more devastating.
If you believe a medical professional’s mistake caused your loved one’s death, you might be wondering about compensation.
This blog post will discuss important factors to consider when thinking about the average payout for medical negligence resulting in death.
It’s important to understand that average payouts for medical negligence resulting in death can vary greatly. There isn’t a one-size-fits-all answer because each case has its own unique circumstances.
However, the team at Poulos & Coates, LLP, including a lead attorney who is also a physician, can provide you with the expertise and guidance needed to navigate this complex area of law.
With decades of experience and a deep understanding of both medical and legal aspects, our Las Cruces medical malpractice lawyers are well-equipped to help you seek the compensation you deserve.
Call or contact us online for a free consultation. We operate on a no-win, no-fee basis, ensuring you don’t pay unless we win your case.
What Factors Affect Compensation?
Several factors can affect the compensation you might receive in a wrongful death lawsuit due to medical negligence. Here are some key things to consider:
- Dispute over negligence. The more overt the medical mistake, the higher the potential compensation. For instance, a medication error that leads to death may result in a higher payout than a missed diagnosis that could have been caught with further testing.
- Loss of income. If the deceased financially supported loved ones, their lost income can be claimed. A wrongful death attorney can calculate the deceased’s future earnings potential based on age, education, and career trajectory.
- Pain and suffering. The emotional toll of losing a loved one can be sought, including survivor’s grief, mental anguish, and loss of companionship.
- Medical bills. Compensation can cover medical expenses, including any treatment the deceased received due to the medical error, as well as funeral and burial costs.
- State laws. Wrongful death laws vary by state, impacting potential awards. For example, New Mexico caps noneconomic medical malpractice damages like pain and suffering at $600,000.
Understanding these factors can help you and your attorney build a strong case and maximize the compensation you may receive for your loss.
Understanding the Average Payout for Medical Negligence
It’s important to understand that the average payout for medical negligence resulting in death can vary greatly depending on the specific circumstances of your case. While statistics can provide a general idea, they don’t always reflect the unique details of each situation.
That being said, a 2001 study by the U.S. Bureau of Justice Statistics examined medical malpractice cases and their accompanying claims.
The study found that only 7% of cases went to trial, and even when plaintiffs won (27% of the time), there was a wide range in compensation.
The median award was $422,000, which is significantly higher than typical awards in other lawsuits. Interestingly, in 16% of the cases that went to trial, the award was $1 million or more.
While this information can help you get a better idea, a Las Cruces wrongful death attorney can analyze your specific case to determine if negligence caused your loved one’s death and evaluate the potential value of your claim.
Consulting with a Las Cruces Wrongful Death Attorney
If you believe medical negligence caused your loved one’s death, contacting a Las Cruces wrongful death attorney is crucial. An experienced attorney can:
- Investigate and gather evidence. This may involve reviewing medical records, interviewing witnesses, and consulting medical experts.
- Explain the legal process. A wrongful death lawsuit can be complex, and an attorney can guide you through each step.
- Negotiate. Medical malpractice is typically covered by insurance, and the at-fault party’s insurance company will likely be involved. Insurance companies often try to minimize payouts, and an attorney can fight for the compensation you deserve.
- Represent you in court. If a settlement can’t be reached, an attorney can represent you in court.
By consulting with a Las Cruces wrongful death attorney, you can ensure that your attorney is compatible with you and your needs, providing the service necessary to seek the justice and compensation you deserve.
Poulos & Coates: Focused Experience for Your Wrongful Death Case
Poulos & Coates, LLP is a law firm with a proven record of success in medical malpractice claims. We understand the complexities of these cases and the emotional toll they take on families.
Our team includes not only experienced trial lawyers but also a medical doctor and a nurse on staff. This unique combination of legal and medical expertise allows us to:
- Evaluate your case effectively. Our medical professionals can review your loved one’s medical records and help determine if negligence was involved.
- Locate the right experts. Medical malpractice cases often require expert testimony from other doctors and specialists. Our team can find qualified experts to support your case.
- Prepare your case for trial. We are experienced trial lawyers and will thoroughly prepare for your case to get you the best possible outcome.
Choosing Poulos & Coates, LLP means you are supported by a highly knowledgeable and profoundly compassionate team, ensuring you receive the personalized attention and representation you need.
Seeking Justice After Medical Negligence—Get Help Now
Tragically, medical mistakes account for a staggering 9.5% of deaths each year in the U.S. This, in turn, makes medical malpractice a leading cause of death. If you believe medical negligence caused the loss of a loved one, you may be entitled to compensation.
Poulos & Coates, LLP understands that no amount of money can bring your loved one back. However, we can help you seek justice and recover compensation for your losses.
Our firm of trial lawyers focuses specifically on medical malpractice claims. With our experience representing victims of medical malpractice for more than 70 years and our unique legal and medical staff, we have recovered more than $300 million for our clients.
We offer free consultations to discuss your case and answer your questions. Call or contact Poulos & Coates, LLP online today to learn more about medical negligence resulting in death compensation and how we can help.
Victor Poulos
Vic Poulos & Greig Coates became law partners in April of 2002, when the two medical malpractice litigators merged their offices, combining what is now over seventy years of litigation experience, to form Poulos & Coates, LLP. Licensed to practice before all State Courts of Texas, New Mexico, Iowa, and Kansas. Licensed to practice before the United States District Courts of Kansas, Iowa, New Mexico, and Texas (Western, Eastern, Southern, and Northern Districts of Texas), as well as the United States Court of Appeals for the Fifth Circuit and the U.X. Ax Court.
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