Ultimately, it is a plaintiff’s decision to take a settlement offer or negotiate it further. However, the amount is determined by how much the defendant is willing to pay for the case to make it go away. There are manyt factors that can affect an offer, and calculating a medical malpractice settlement in Florida includes many thorough evaluations from expert legal advocates. An experienced medical malpractice attorney from our legal team could make a substantial difference in reaching a favorable settlement.

How is a Settlement Calculated?

A settlement is calculated according to the plaintiff’s demands based on past and future damages. Attorneys look at past financial circumstances to determine how much money was expended as a result of their doctor’s medical negligence. Then, a lawyer would look at the future expenses such as lost wages, earning capacity, and pain and suffering as part of calculating a medical malpractice settlement in Florida. Based on an attorney’s experience, they could value settlements based on other cases they have worked on in the past.

Of course, the defense on the other side is also making these calculations, but they are trying to look at it from a different viewpoint. If they think they know a case’s value, they might be putting money on the table for an offer, but they are also cutting extras where they feel they can.

The Impact of Patient Negligence

Comparative negligence in the state of Florida states that if the plaintiff themselves contributed in any way to their own injuries, they would see their compensatory award reduced in proportion to their assigned percentage of fault. Since settlement negotioations are based on a doctor’s error, a final amount would be impacted by a patient’s negligence. In other words, a claimant cannot collect compensation for any damages that they caused themselves, and any behavior which worsens or amplifies a doctor’s error could result in a reduced settlement offer.

It would come down to whether the physician explained the patient’s responsibilities and implied consent to them. If a patient deliberately ignores or acts against doctor’s orders, they may end up with little to no settlement.

How can an Attorney Help with Calculating a Medical Malpractice Settlement in Florida

A lot of what an attorney can do for a medical malpractice settlement depends on their experience with prior cases, similar facts and circumstances, the facts of a particular case. Additionally, comparative negligence or whether the injury resulted in permanent injury or death could impact a settlement offer. It also comes down to the elements that the lawyer is trying to prove and how likely are they to do so.

So, attorneys are looking at the whole picture, and the more boxes that can be checked off, the more money the case is probably worth. But again, it is looking at it from a global viewpoint, facts and circumstances and probably taking some emotion out of it to determine how valuable each case is. For more questions about what goes into calculating a medical malpractice settlement in Florida, call our firm today.

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Domnick Cunningham & Whalen

Domnick Cunningham & Whalen

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2401 PGA BOULEVARD SUITE 140
PALM BEACH GARDENS
FL 33410
Phone: (561) 625-6260