If you were the victim of medical malpractice, you will want to know how much your claim is worth before you decide to pursue it. Many factors go into valuing a claim. Here are some of the important factors that an experienced personal injury lawyer would use when determining how much your claim is worth.
Compensation You Can Receive in a Medical Malpractice Case
One of the first steps an attorney would do is determine the amount of compensation you are entitled to under New Mexico law. You can recover your past and future damages. They include:
- Medical expenses. You are entitled to reimbursement of your medical expenses. If you now have a medical condition that you will never recover from, you may need medical treatments for the rest of your life.
- Lost wages and lost earning capacity. If you must take time off work, you should recover your lost wages. You would be entitled to lost earning capacity damages if you must take a cut in your salary or have become permanently disabled due to your injuries.
- Pain and suffering. Putting a monetary value on your pain and suffering, mental anguish, and reduced qualify of life is the most difficult part of your claim to value. You will need the help of a knowledgeable attorney to determine how much pain and suffering damages you should receive.
- Punitive damages. Punitive damages are not commonly awarded to medical malpractice victims. They are designed to punish the negligent party for their intentional or grossly reckless acts.
Caps on Damages in Medical Malpractice Cases
In New Mexico, there is a cap on how much compensation you can recover in a medical malpractice case, except for your past and future medical expenses and punitive damages. You can receive up to $750,000 against an individual medical provider and $4,000,000 against hospitals and medical provider clinics.
Other Factors That Can Affect Your Claim’s Value
Every medical malpractice case is unique, and many other factors can make your claim’s value increase or decrease. They include:
- Disputes with the insurance company about their insured’s negligence
- Seriousness of your injuries
- Your partial negligence in causing your injuries
Are you the victim of medical malpractice in Roswell or Southeast New Mexico? Do you have questions about your rights or the value of your claim? Start a live chat or contact our Roswell office to schedule a free consultation today to get your questions answered and learn more about how we can assist you.