What Is the Average Settlement for Medical Malpractice Lawsuit in Florida?
If you suffered harm because of a Florida healthcare provider’s medical error, one of the first questions you’ll ask is, “How much is my medical malpractice case worth?” The short answer is that it depends since the facts of each case are unique. However, there are often statewide and national averages that we can use to analyze the value of a particular malpractice case.
The National Practitioner Data Bank reports on medical malpractice payment data and 2023 data shows that 30 percent of cases awarded $250,000 to $499,999 to victims. Over 20 percent of medical malpractice cases were valued at $500,000 or more.
These amounts provide a very rough idea of what to expect, but there are many unique variables in a claim for medical negligence, and payouts for a settlement are very different from a verdict at trial. Our Florida medical malpractice attorneys can provide you with an estimate after conducting a thorough investigation, but you might find it useful to understand the factors that affect how much your medical malpractice settlement is worth.
The Nature and Extent of Injuries Can Affect Medical Malpractice Settlement Averages
The most influential factor in a medical malpractice settlement is the victim’s injuries. In general, the greater the bodily harm, the higher the amount. Medical expenses are often a significant portion of the settlement amount. With severe injuries, victims could require more extensive treatment or have a permanent disability that will affect their lives forever.
The extent of your injuries does not only affect your medical expenses; your injuries could force you to endure significant pain and suffering related to medical malpractice. This kind of emotional loss does not have a direct financial value associated with it, but we can still come up with a figure that can help address these emotional damages. This can contribute to a higher settlement amount.
Medical Costs Affect the Average Malpractice Settlement
A major component of your compensation in a medical malpractice settlement is the expenses you incurred to treat the damage done by a negligent healthcare provider.
You may have current medical needs to address a party’s malpractice and current bills to match. You may even have past bills related to the malpractice event, and you should not be stuck paying bills related to someone’s negligence. A Florida personal injury lawyer will also make sure to account for any predictable medical expenses, like future surgical needs or physical rehab and therapy.
When attempting to reach a settlement agreement, your lawyer should assess your future medical needs, such as:
- Corrective surgery
- Inpatient and outpatient medical procedures
- Hospitalization rehabilitation
- Treatment from medical specialists
- Physical and occupational therapy
Other Losses from Medical Malpractice
There are other implications that affect your life as the victim of medical negligence, so you may be entitled to monetary damages for:
- Your lost wages or income, if you were unable to work. Some injuries can prevent you from working for months, years, or the rest of your life. Your age can impact this part of your settlement, too. For example, younger workers can receive more in lost income if they are permanently unable to work because they are missing out on more years of lost income.
- Your lost earning potential. This loss is especially important for people with catastrophic injuries and disabling conditions. Your earning potential is harmed if you can no longer work or do the same type of work you previously did. You can miss out on valuable benefits, promotions, and pay increases, and we will make sure to account for this loss.
- Out-of-pocket costs. This includes expenses for prescription drugs, transportation to and from appointments, in-home health aides, and other expenses like childcare or household costs that are affected by your physical injuries and inability to work.
- Household modifications and assistive devices. Many medical malpractice injuries can cause severe and disabling harm. You may need to invest in home modifications that make your home more accessible or medical devices to help with your injuries, like a wheelchair. Or you may even need a specialized car to fit your wheelchair.
You may be entitled to a separate category of compensation based upon how your medical malpractice injuries affect you, your quality of life, and your relationships. These noneconomic damages are not provable by receipts, but they may include:
- Non-economic damages in addition to the pain and suffering mentioned above. This includes scarring and disfigurement, emotional anguish, and the losses you endure from diminished quality of life.
- Losses impacting your relationships with your spouse, children, and other loved ones. The impact of medical malpractice is far-reaching, and it can hurt your relationships with loved ones. You may no longer be able to emotionally support them or provide intimacy to your spouse. While an intangible loss, the harm done to interpersonal relationships is immense, and you and your family deserve compensation.
Strong Evidence of Medical Negligence Supports Your Claim for Compensation
Proof of your losses is just one element of a medical malpractice claim, as you’ll also need to show that a healthcare provider was negligent. In Florida, you must prove that the healthcare provider deviated from the accepted standard of care that applies in the relevant medical field.
The analysis requires comparison to what a hypothetical doctor would have done under the same circumstances, so it’s important to have strong evidence through:
- Your medical records
- Lab test and screening results
- Statements from witnesses
- Testimony from medical experts.
Contingency Legal Fees and Your Malpractice Settlement
Another issue that affects a medical malpractice settlement is what you will pay your lawyer through a contingency fee arrangement. These agreements typically work on a percentage basis, where your attorney deducts legal fees from the total settlement amount. You will also be responsible for paying legal expenses, such as medical experts’ fees and costs of obtaining medical records.
However, contingency fee arrangements allow medical malpractice victims to seek justice at no risk to them—you only pay these contingency fees if and when your malpractice lawyer is successful. If there is no successful recovery, you will never owe your lawyers anything.
Discuss Settlement Issues with a Florida Medical Malpractice Attorney
Our goal at Freidin Brown, P.A. is to get you top compensation for a medical malpractice settlement, and we have extensive experience negotiating with insurance companies. However, if the insurer refuses to pay a fair amount, we’ll take your case to court.
To learn more about our process and how we can help, please contact our offices. We can set up a no-cost case evaluation to review your circumstances and explain your legal options.
