How Much Are You Suing For?
It doesn’t matter what your injury was, in fact those asking you questions about your impending lawsuit only want to know one question…how much are you suing for? It’s as if that question was programmed into their DNA that as soon as they hear someone is suing they have to know how much.
Those that are curious think, “wow, that person is going to be awarded millions.” And maybe they are, but it’s not like winning the lottery. The money they are awarded goes to further their medical care, their living expenses and their legal bills. And most times that award is not enough.
Here in Indiana, we have laws on the books that limit or “cap” the amount of money that a plaintiff can receive even after a successful medical malpractice lawsuit against a negligent health care practitioner. And that “cap” applies to the amount of compensation that an injured patient can recover. That means those thinking the amount will go up when you factor in “pain and suffering” would be wrong. Indiana is fairly unique in this aspect.
It was in 1975 that Indiana passed the damage caps limit under Code section 34-18-14. Fast forward to today and although the limits have increased they still are capped at a certain amount…here’s how it breaks down…
· For health care treatment errors that occurred after June 30, 1999 but prior to July 1, 2017 there is a $1.25 million cap.
· If the malpractice occurred after June 30, 2017 but before July 1, 2019 the cap is $1,650,000.
· And if the malpractice occurred after June 30, 2019 the total cap is $1,800,000.
Even at a capped limit some might think those amounts are a windfall for some, but you have to realize that award needs to go a long way. And when you factor in past, present and future expenses, again that amount may not be adequate.
And not every case is going to be worth 1.8 million dollars. The reality is most cases rarely top a third of that amount and a great deal are settled for far less prior to even seeing a courtroom.
So why is this information important?
Our goal here at the Law Offices of David W. Holub is to share with you an insight on how people may respond when they hear you are initiating a lawsuit against your doctor or medical provider. Your friends, family members and even coworkers tend to forget about your injuries and pain and focus instead on the monetary aspect. They think getting an award will have you set for life. They don’t think about your long term care, or the fact you may not be able to do the things you were used to doing. They just don’t understand that your quality of life has changed.
To discover more about medical malpractice injury and what it takes to pursue a medical malpractice claim and to learn how attorneys analyze medical malpractice cases we set up a special webpage that will help you understand all this great information. <Click Here To Learn More>
The Law Offices of David W. Holub, P.C., strive to represent each client aggressively and to obtain prompt and favorable results. We not only aggressively pursue our client’s best interests, but we remain accessible and attentive to our client’s needs.
If you’ve been injured and are looking for answers we invite you to make use of the information on our website, and to call our law office at (219) 736-9700 to schedule a time to talk directly to us and see firsthand if we are the right law firm for you.
If you would like to learn more about personal injury law, we encourage you to listen to our Personal Injury Primer Podcast where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. And read “Fighting For Truth: A Trial Lawyer’s Insight Into What It Takes To Win” an entertaining and enlightening book pulling readers into the courtroom giving them a glimpse of the legal process and what it takes to win at trial.