Brian White | December 7, 2023 | Medical Malpractice
Did a doctor, hospital, or other medical provider cause you injury because of medical negligence or malpractice? If so, you may be experiencing high medical bills and other financial losses. Your injuries may have caused additional pain and suffering as well.
You may wonder how much you can expect to receive for a medical malpractice claim in Houston, TX. The average settlement for medical malpractice in Houston depends on several factors, including whether you settle out of court or go to trial. The best person to ask about the average medical malpractice settlement in Houston is a medical malpractice lawyer.
Average Medical Malpractice Settlements in Houston, TX
Medical malpractice settlements vary greatly depending on the facts of the case. However, the Texas cap on medical malpractice damages impacts the average medical malpractice settlement in Houston.
Texas law limits the amount awarded for non-economic damages in a medical malpractice claim to $250,000 for all individual doctors or health care providers. The cap for a hospital or healthcare facility is also $250,000, with a maximum of $500,000 if there is more than one facility or hospital liable for damages.
The amount you can receive for economic damages is not capped. A jury can award any amount for economic damages.
Therefore, the average medical malpractice settlement is somewhere between the person’s economic damages and $250,000 above that amount. The insurance company knows that if it goes to court, the jury cannot award more than $250,000 for non-economic damages, so there is no incentive to pay more than that for a medical malpractice settlement.
If the evidence in your case proves malpractice and negligence, the insurance company might offer $250,000 on top of your economic damages to settle the claim. The company may not want to take the chance that a jury would award more for economic damages than you are claiming.
Factors That Impact the Average Settlement for Medical Malpractice in Houston, TX
Malpractice claims vary greatly. You must look at the factors in the case to determine how much the case is worth. Factors that affect your settlement amount for a medical malpractice claim include, but are not limited to:
- Your age and overall health
- The type and severity of the injuries
- The duration of the recovery period
- The gravity and nature of the medical negligence or malpractice
- The impact your injuries will have on your life
- Whether you can return to work
- The impact of your injury on your spouse/partner and family members
- The level of impairment, disfigurement, scarring, or disability caused by the malpractice
- The need for ongoing medical and/or personal care
The strength of your evidence proving malpractice and damages is a significant factor in determining the value of your medical malpractice claim. Testimony from medical experts also influences settlement. Many medical malpractice claims come down to whose medical experts are more convincing in court.
Determining Economic Damages in a Houston Medical Malpractice Claim
Damage caps do not apply to economic damages for a malpractice claim. Therefore, the average settlement for economic damages in a medical malpractice case varies between a few hundred thousand and several million dollars.
Since non-economic damages are capped, insurance companies often focus on minimizing the amount of economic damages. They do so by claiming your injuries are not as severe as you claim or that you do not need the level of medical care you claim.
Factors that increase the average medical malpractice settlement for economic damages include:
- The strength of expert opinions and evidence
- The type of permanent impairments
- The level or degree of impairment
Disputes often arise when a person sustains a permanent impairment. Lifelong disabilities can add millions of dollars in future lost wages and ongoing medical/personal care. An experienced Houston medical malpractice lawyer works with top-rated, respected experts in their fields to gather evidence proving the value of past and future damages for a medical malpractice claim.
Keeping detailed and complete records improves your chance of receiving the compensation you deserve for your medical malpractice claim. If you hire a Texas medical malpractice attorney, your lawyer manages the paperwork and documentation for your claim. Your attorney works with you to gather evidence and documentation for damages.
Contact a Houston Medical Malpractice Lawyer
If you are unsure how much your medical malpractice claim is worth, it is in your best interest to talk with a medical malpractice lawyer in Houston as soon as possible. The insurance company will likely undervalue your damages and offer a low settlement amount. Until you seek legal advice, it is difficult to know if the settlement offer before you is fair.
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