Average Settlement in a Malpractice Case

It is extremely difficult to provide an average settlement amount for a medical malpractice case. This is true since every malpractice case is different. Settlement values will vary widely depending on such factors as the severity of your injuries, your pain and suffering, and the amount of evidence supporting your case.

Severity of Your Injuries

The general rule is that a medical malpractice case will settle for more as the severity of your injuries increase.

This is largely true because more severe injuries generate increased medical expenses. Settlement values will rise to reflect this.

Note that severe injuries will also typically require more intense treatment, like:

  • Surgeries,
  • Physical therapy,
  • Medication, and
  • Follow-up care.

All of the above costs more money. Again, settlement values will increase to reflect this.

The unfortunate reality is that some medical malpractice incidents result in permanent injury. These cases typically settle for the greatest amounts of money since injury victims will require medical care for the rest of their lives.

Pain and Suffering

Medical malpractice victims can generally try and receive compensation for the pain and suffering that they experience because of their injuries. Pain and suffering is a type of non-economic damage. Other examples of non-economic damages include:

  • Loss of enjoyment of life,
  • Emotional Distress, and
  • Loss of Consortium.

In general, a medical malpractice settlement will grow in value as your pain and suffering increases.

High levels of pain and suffering are closely associated with very severe injuries that require much treatment and long periods of recovery.


You will have to support your medical malpractice claim with evidence in order to successfully settle your case. Common pieces of evidence in malpractice cases include:

  • Medical records,
  • Witness statements,
  • Statements from experts (as to the cause of your injury and your expected recovery),
  • Pictures of your injuries, and
  • Your personal notes or journal (to help prove your pain and suffering).

Your case will usually settle for more when:

  • You have a lot of evidence (showing that a doctor’s malpractice caused your injuries), and
  • Your evidence is strong.

When a case is supported by a lot of concrete evidence, the opposing party will not want to risk going to trial because there is a strong chance he or she will lose. The party, then, will be more willing to settle a case for a higher value because a judge or jury could be inclined to award even more.

Contact Otorowski Morrow & Golden, PLLC

Please know that our firm is here to help if you suffered an injury because of a medical professional’s malpractice. Otorowski Morrow & Golden, PLLC provides free consultations to all our potential clients. The attorneys at our law firm also have over 120 years of combined experience representing injured parties in medical malpractice cases. They never back down to insurers and fight for their clients’ interests every step of the way. Do yourself a favor and contact them now for the quality legal representation you deserve.

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