Jason Stephens | September 11, 2023 | Medical Malpractice
NOTE: Our law firm does not handle medical malpractice cases. This article is for informational purposes only. Information found in the article does not constitute as formal legal advice and does not create an attorney/client relationship.
According to research published by Johns Hopkins University, medical errors are the third leading cause of death in the United States. This is a terrifying statistic, especially if you are putting your life in the hands of a doctor.
Thankfully, if you or a loved one is harmed by a medical error, you can file a claim against the doctor or hospital responsible. But how much money will you get for a medical malpractice claim in Texas? That depends on a lot of factors.
The Biggest Limitation To Settlement Value
Unfortunately, Texas makes it harder to get money in a medical malpractice case than it does in other personal injury cases like those involving car accidents. This is because state law places a cap on the amount of money you can win from responsible parties.
The good news, though, is that this cap only applies to non-economic damages.
There is no limit to how much money you can get for actual losses like:
The limits only kick in when you receive compensation for pain and suffering due to medical malpractice. According to Texas law, you can only get up to $250,000 per defendant and no more than $500,000 total.
The Average Texas Medical Malpractice Settlement
This number has a significant impact on the average settlement in Texas. Since insurance companies know that a jury cannot award more than $250,000 over any actual losses you suffered, they won’t agree to a settlement higher than that.
However, that law also makes insurance companies more likely to negotiate rather than go to court. This is especially common in wrongful death cases, which are more likely to easily reach that cap.
Defense attorneys are expensive, often costing hundreds of dollars per hour. And trials usually take years to complete. There is rarely any reason for an insurance company to spend a lot of money on a lawyer when the most that lawyer can do is save $250,000.
Thus, the average settlement is somewhere between the total of your economic damages and $250,000 more than that. If a loved one died or you suffered a serious injury, the insurance company might offer that damage cap in addition to your economic damages rather quickly.
Determining Economic Damages in a Texas Medical Malpractice Case
Damage caps, then, mostly remove the need to fight over non-economic damages. As a result, the challenge in most Texas medical malpractice cases is in determining the value of economic damages.
Insurance companies will usually try to minimize the value of economic damages. They can do so by denying specific types of treatment or claiming that some conditions were caused by factors other than medical malpractice. Insurance companies may also try to undervalue the cost of treatment.
The best way to fight this is to keep careful records of all your costs. Your Texas medical malpractice lawyer will know how best to present this evidence to the insurance company, but that is only valuable if you keep good records.
A Texas Medical Malpractice Settlement Can Get You the Money You Need To Recover
If you or a loved one was harmed by medical malpractice, you have the right to file a lawsuit and get compensation. In Texas, most of those lawsuits will end in a settlement. If you have the right lawyer representing you and carefully keep records of your expenses, you should be able to get the money you need to recover from the harm you suffered.
Contact Our Wrongful Death Law Firm in Fort Worth, TX
If you’ve been injured in an accident in Fort Worth and need legal help, contact our Fort Worth wrongful death lawyers at Stephens Law Personal Injury | Wrongful Death | Truck Accidents to schedule a free consultation.
Stephens Law Personal Injury | Wrongful Death | Truck Accidents
1300 S University Dr # 300
Fort Worth, TX 76107