If you or a loved one has been injured because of medical negligence, one of the first questions you may have is how much your medical malpractice claim is worth. The answer depends on several factors, including the seriousness of the injury, the financial losses involved, and how the injury has affected your daily life. Every case is different, and there is no one-size-fits-all formula for determining value.
At Gold, Khourey & Turak, we have represented medical malpractice victims throughout the Ohio Valley for nearly 50 years. Our attorneys help clients in Ohio, West Virginia, and Pennsylvania understand their rights and pursue the compensation they deserve.
Factors That Determine the Value of a Medical Malpractice Claim
The value of a medical malpractice claim is based on both economic and non-economic damages. These factors are carefully evaluated to determine fair compensation and the viability of a claim in light of statutory limitations on medical malpractice claims.
Medical Expenses
Medical expenses play a significant role in determining claim value. This includes past and future medical bills related to the injury, such as hospital stays, surgeries, medications, rehabilitation, and ongoing care needs.
Lost Wages and Loss of Earning Capacity
If the injury caused you to miss work or prevents you from returning to your previous job, compensation may be available for lost income and reduced future earning potential.
Pain and Suffering
Pain and suffering refer to the physical pain, emotional distress, and loss of enjoyment of life caused by the injury. These damages are more difficult to quantify but are often a significant part of a malpractice claim.
Disability or Disfigurement
Permanent physical limitations or visible scarring that impact quality of life can increase the value of a claim.
Loss of Consortium
This may apply when an injury affects a spouse or family relationship, including loss of companionship, support, or intimacy resulting from the injury.
Punitive Damages
Punitive damages may be available in rare cases involving extreme negligence or reckless misconduct. These damages are intended to punish wrongdoing and discourage similar behavior in the future.
Understanding Damage Caps in Medical Malpractice Cases
Some states place limits on certain types of damages in medical malpractice claims. These limits can affect the total compensation available and vary by state.
Ohio
Non-economic damages such as pain and suffering are capped at $250,000 or three times the economic damages, up to a maximum of $350,000 per injured person and $500,000 per occurrence. If the non-economic losses involve permanent and substantial physical deformity, loss of use of a limb, loss of a bodily organ system, or a permanent functional injury that prevents independent self-care, the cap increases to $500,000 per injured person and $1,000,000 per occurrence.
West Virginia
Non-economic damages are limited to $250,000 per claim. This cap increases to $500,000 in cases involving catastrophic injury or wrongful death. West Virginia also allows inflation adjustments, which currently raise the caps to $375,000 per claim and $750,000 in catastrophic injury or wrongful death cases.
Pennsylvania
Pennsylvania does not impose caps on compensatory damages. However, punitive damages are limited to no more than two times the amount of actual damages.
Because these laws can significantly impact the value of a claim, it is important to work with an attorney who understands how to maximize compensation within the limits of state law.
How Gold, Khourey & Turak Can Help
Medical malpractice cases are complex and require careful preparation. At Gold, Khourey & Turak, we take a thorough and strategic approach to every case.
Our attorneys investigate the circumstances surrounding the injury, review medical records, and work with qualified medical experts to establish negligence and causation. We provide honest, straightforward advice so you understand your options. Throughout the process, we fight aggressively to pursue the maximum compensation available under the law.
Contact Gold, Khourey & Turak
If you believe medical negligence caused serious harm to you or a loved one, do not wait to seek legal guidance. Our medical malpractice attorneys are available 24/7 to answer your questions and explain your next steps.
Call (304) 845-9750, Live Chat with us online, or complete our online form to schedule a free consultation.
Need help? Get help. Get GKT.
Michelle Marinacci is a partner at Gold, Khourey & Turak and a leading trial attorney in the areas of insurance bad faith, medical malpractice, and personal injury law.
With more than 25 years of experience, Michelle represents individuals and families who have been seriously injured in accidents or unfairly treated by insurance companies that refuse to honor their obligations.
