Losing a loved one due to medical negligence is an unimaginable tragedy. It’s a situation that no family should ever face. Yet unfortunately, it happens all too often.
However, you don’t have to go through this process alone. Dempsey Kingsland & Osteen, P.C. can help you seek compensation for your loss. We understand what it takes to get the average payout for medical negligence resulting in death. Call our firm today to seek justice for your loss.
What is Medical Negligence?
Medical negligence occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm to the patient. This breach of duty can encompass various actions, such as:
- Misdiagnosis,
- Surgical errors,
- Medication errors,
- Birth injuries,
- Anesthesia errors,
- Failure to obtain informed consent,
- Failure to monitor,
- Hospital-acquired infections,
- Lack of follow-up care, and
- Communication errors.
In the most severe cases, medical negligence can tragically lead to the loss of life.
Who Can File a Wrongful Death Lawsuit?
A wrongful death claim is a legal action that seeks to hold a person or entity responsible for causing the death of another person due to negligence or intentional wrongdoing. However, not everyone can file a lawsuit.
Under Missouri law, the following parties can file a wrongful death claim:
- Class 1. The spouse, children, or parents of the deceased person.
- Class 2. The siblings or their descendants of the deceased, if there are no claimants in Class 1.
- Class 3. A court-appointed personal representative of the deceased person’s estate, if there are no claimants in Class 1 or 2.
If you belong to any of these classes, contact Dempsey Kingsland & Osteen, P.C. We have the knowledge and abilities to demand compensation from the healthcare provider or hospital accountable.
What’s the Average Payout for Medical Negligence Resulting In Death?
There isn’t a one-size-fits-all answer to this question. Each case is unique and influenced by a wide range of possible factors. While it’s normal to want to compare your claim, determining an average payout is highly challenging due to these complexities.
Therefore, knowing the average payout will not help estimate the value of your case. Instead, speaking with an attorney is the best way to understand what your settlement could be.
What Factors Determine the Value of a Payout?
Determining the value of a settlement or court award hinges on many complex factors. Here are some of the most common considerations.
Extent of Damages
The extent of your damages is one of the key determinants of your payout. These damages can be categorized into economic and noneconomic.
Economic damages encompass quantifiable financial losses such as:
- Medical expenses,
- Funeral and burial costs, and
- Lost financial income.
Noneconomic damages, on the other hand, encompass intangible losses like:
- Pain and suffering,
- Loss of companionship, and
- Emotional distress experienced by the surviving family members.
You can seek compensation for all resulting damages, but these can be hard to identify. That’s why you should work with an attorney who can identify and pursue these losses.
Strength of Evidence
The strength and quality of the evidence supporting the negligence claim play a pivotal role in determining the payout’s value. The more liability and damages you can show, the higher your payout may be. Examples of evidence in medical negligence cases can include: medical records, expert testimony, and witness statements.
Severity of Negligence
Negligence can range from minor errors in judgment to outright recklessness or malice. However, if your case involves egregious forms of negligence, you may be eligible for punitive damages.
Punitive damages are meant to punish the defendant for their egregious conduct. In most cases, Missouri law limits these to $500,000 or five times the total economic and noneconomic damages.
Your Attorney’s Skill and Experience
A lawyer’s abilities can have a profound impact on the value of a payout. An attorney with a proven track record in medical negligence cases and a thorough understanding of the legal intricacies involved can effectively advocate for fair compensation on behalf of their client. Their ability to negotiate skillfully or litigate in court can significantly influence the outcome of the case.
The Defendant’s Willingness to Settle
Many medical malpractice cases end in a settlement, but some go to trial. Generally, defendants may be more willing to settle if they think you have a strong case. A defendant’s willingness to settle matters, because going to trial can be expensive. This is especially true if you need to pay expert witnesses.
Missouri’s Wrongful Death Damage Cap
A damage cap is a legal limit on the compensation a plaintiff can recover in a civil lawsuit. In Missouri, there is no limit on economic damages in wrongful death cases. However, the law does limit noneconomic damages in wrongful death cases that arise from medical malpractice. The limit on noneconomic damages for deaths occurring in 2024 is $814,679.
Emotional Impact on the Family
Lastly, the emotional toll of losing your loved one can influence the value of the payout. Courts consider the significance of the loss and its impact on your family’s quality of life. While money can never replace your lost companionship, it can help provide comfort and support while you grieve.
How Long Do I Have to File a Claim?
Waiting too long to seek compensation can prevent you from getting the average payout for medical negligence resulting in death. Under Missouri law, you have three years from the date of your loved one’s death to file your claim. And building a strong case takes time. So, it’s best to start this process as soon as possible to maximize your chances of winning a wrongful death suit.
Speak with a Missouri Medical Negligence Attorney
If you have lost a loved one due to medical negligence, you may be entitled to compensation for your loss. However, pursuing a wrongful death claim can be complex and challenging.
At Dempsey Kingsland & Osteen, P.C., we have the skills and resources to handle your wrongful death case and fight for your rights. We have over 100 years of experience representing clients and have recovered millions of dollars for victims.
Contact us today to schedule a free consultation.
The legal team at Dempsey Kingsland Osteen works to ensure that the injured are fully compensated for their lasting injuries from medical malpractice or other negligence. We push for comprehensive damages that anticipate the long-term needs of our clients, rather than taking a quick settlement out of convenience.
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