What Factors Affect the Value of a Medical Malpractice Claim?

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If you have been made the victim of a medical malpractice incident, you may have incurred serious injuries and damages that are difficult to recover from on your own. This may leave you no choice but to turn to legal action against the negligent medical professional. But with this, your hesitation may lie in how much financial compensation is appropriate to seek and fight for.聽Read on to discover what factors affect the value of your claim and how a seasoned New York City medical malpractice attorney at Mark L. Bodner, P.C. can work to ensure you are fairly compensated.

What factors might affect the value of a medical malpractice case?

Generally speaking, the circumstances surrounding your medical malpractice incident may determine whether you are entitled to a higher or lower amount of financial compensation. Without further ado, the factors that might affect the value of your case include the following:

  • The severity of your bodily injuries: that is, your injuries may heal within months or may leave you with a permanent disability.
  • The extent of your lost wages: that is, your injuries may have caused you to miss weeks, months, or years at work or have left you indefinitely unable to return to your field of work.
  • The extremity of your medical treatments: that is, your treatment may have only lasted one day or may have required long-term hospitalization, multiple surgeries, and many rehabilitation sessions.

It is one thing to know the value of your medical malpractice case, but it is another thing to prove it. That is, for an accurate valuation of your claim, you must present sufficient evidence to the court that points to the negligence and liability of the medical professional in question.聽It is also worth mentioning that New York State does not impose a damages cap for medical malpractice cases. Meaning that you may pursue an unlimited amount of economic and non-economic damages; and a strong argument may grant you an award that is deemed most appropriate.

What deadline might affect my opportunity to pursue a claim?

Lastly, an accurate calculation of your medical malpractice case’s worth does not matter if you cannot file on time. Specifically, the statute of limitations for your claim is generally set at two years and six months from the date on which your medical malpractice incident occurred. A failure to file before this deadline means a permanent bar on your claim; translating into a permanent bar on receiving the financial compensation you so desperately require to heal.

All in all, to successfully pursue a claim, you must turn to a competent New York City medical malpractice attorney. So please get in touch with us at Mark L. Bodner, P.C. as soon as you get a free chance.