Average Settlement for a Medical Malpractice Wrongful Death Lawsuit

Medical malpractice claims resulting in a patient’s death can be worth anywhere from $500,000 to $1,000,000. As we can only provide estimates, please keep in mind that your own case value may be lower or higher than the range we provided. Many details that are specific to your case will affect how much you are owed if your spouse or family member died from malpractice by a doctor. This includes limitations on how much non-economic damages can be awarded to medical malpractice victims in California, which is $500,000 for personal injury lawsuits and $1,000,000 for wrongful death claims.

More than 90% of the medical malpractice cases we handle are settled without court intervention, but it can take 1 or more years to reach a settlement with the insurance company. In the rare instance that a case is tried in court, a medical malpractice wrongful death lawsuit can take over 3 years to resolve.

Factors that Impact the Value of a Medical Malpractice Case

Here at Kenmore, we consider a wide variety of factors in order to derive a case value for each and every claimant. With wrongful death claims against negligent healthcare providers, here are some of the elements we examine:

• Severity of injuries – if the injuries from negligence by a medical professional are relatively minor, a fair settlement range may be around $50,000 or less. In the event the patient suffers moderate to serious injuries, compensation is more likely to fall within the range of $100,000 to $750,000. If the patient is severely injured or dies from the doctor’s actions or failure to act, the average value of a medical malpractice death lawsuit is around $500,000 to $1,000,000.
• Medical expenses – it’s not just the immediate costs after an injury that needs to be addressed. Prior to their death, it’s likely that the victim went through extensive medical treatments, including numerous surgeries and hospitalization. All medical services up until the date of death can be recovered in a lawsuit for medical malpractice.
• Lost wages or savings – compensation for lost income / benefits that would have been earned by the deceased.
• Non-economic damages – payments like pain and suffering and loss of consortium
• Punitive Damages – in cases that go to court and only if the doctor’s actions constitute exceptional disregard for a patient’s safety

Compensation on Behalf of Grieving Family Members

Various forms of compensation may be available to you as someone who is eligible for a wrongful death lawsuit. According to California law, there is no cap on how much you can obtain in economic damages like medical bills and loss of income. However, there is a limit for pain and suffering and other intangible damages. The cap on non-economic damages is $500,000 for personal injury and $1,000,000 for death caused by medical malpractice.

Please note that no such limit exists for punitive damages, which can only be awarded by a jury. Of course, most lawsuits against doctors for malpractice are settled out of court, where punitive damages do not apply. Additionally, punitive damages are based on gross negligence or reckless conduct, like operating on someone while intoxicated or falsifying medical records.

Formulas for Calculating Medical Malpractice Non-Economic Damages

The process of determining the amount of economic damages is fairly straightforward, but how can you come up with an amount for damages like emotional distress? There are two primary methods that are used by insurance companies and civil courts, which are as follows:

• Per diem method – each day of pain and suffering is assigned a dollar value, and this is multiplied by a set number of days. So, based on a factor of 3, pain and suffering payments for 1,000 days equals $300,000.
• Multiplier method – a severity factor ranging from 1 to 5 (5 being the most severe) is multiplied by the total sum of economic damages. For instance, economic damages totaling $150,000 is multiplied by 3 to obtain a value of $450,000.

How Long will My Case Take to Settle?

It’s possible that a medical malpractice lawsuit will go to trial, but this is highly unlikely. First and foremost, medical providers are not looking to drive more attention to themselves by taking the case to court. If, on the other hand, they settle the case with the patient’s family, they can ask for a confidentiality agreement to ensure that the doctor’s reputation remains in good standing. A case that goes to trial can also result in the jury awarding punitive damages, which can sometimes exceed $1,000,000.

From start to finish, a wrongful death claim based on doctor malpractice can take 6 to 18 months to settle, and much longer if the case goes before a judge and jury. But as we’ve said before, most cases are resolved by both sides coming to an agreement on the compensation amount.

Why You Should Talk to a Medical Malpractice Lawyer Right Away

Retaining legal counsel is not required under California law for a medical malpractice case where the patient loses their life. Nevertheless, you should seek advice and guidance from an experienced doctor negligence attorney. Your lawyer can help you in various ways, which include:

• Locating evidence to show how the other party failed to meet the required standard of care
• Finding medical experts for their opinions on your case
• Provide a professional assessment of your settlement value
• Take care of filing your lawsuit with all the required documentation before the statute of limitations expires
• Move forward with preparations for a trail if necessary

Contact Kenmore Law Group

We hope you will take this opportunity to contact our law firm if your loved one passed away due to a medical professional breaching their duty of care. The legal team of Kenmore has a proven track record of high settlements for those who are suing on behalf of a deceased injury victim. We are here to guide you through the legal system and ensure that justice is served for you and your family.

Legal fees are paid on a contingency basis under the Zero Fee Guarantee. As a result, we have to win your case in order to get paid, so there is no out of pocket cost to you whatsoever. With that in mind, we urge you to contact us today and schedule a free case review with a Los Angeles wrongful death attorney.