When individuals take legal action against negligent medical professionals over medical malpractice, it’s understandable to have concerns over what to expect throughout the entire process.
One question we hear often is, how much compensation can a medical malpractice victim expect to get from a lawsuit? There are many factors to consider when calculating the answer. For example, how much financial losses did you suffer from your injury? However, the most important factor is whether the state you live in has a cap on how much can be recovered in medical malpractice cases.
Illinois does not cap how much a plaintiff can recover in medical malpractice cases, but it hasn’t always been this way.
Illinois Lifted Medical Malpractice Settlement Caps in 2010
Prior to 2010, the state of Illinois was like most other states in the country in that they put a cap on how much a plaintiff could receive in non-economic damages for medical malpractice claims. At the time, the caps were $500,000 for cases involving a negligent doctor or medical professional, and $1 million for a case against a negligent medical facility.
However, in the case of LeBron v. Gottlieb Memorial Hospital in 2010, the Illinois Supreme Court ruled these caps to be unconstitutional. As a result, these caps were lifted and for any cases filed after the ruling and today, there are no caps limiting how much damages can be recovered in medical malpractice cases.
Understanding How Much You Could Be Owed in Damages
In Illinois, if you’ve been harmed due to medical malpractice, you can seek compensation for different types of damages to help cover the losses and hardships caused by your healthcare provider’s negligence. These damages generally fall into two main categories: economic and non-economic damages.
Economic Damages
These damages are meant to compensate for actual, measurable financial losses, including:
- Medical Expenses: Covers both past and future medical bills resulting from the malpractice, such as for hospital stays, surgeries, medications, rehabilitation, and ongoing care needs.
- Lost Wages: Compensation for the income you’ve lost if your injuries have prevented you from working. This can also include future lost earning capacity if you’re permanently disabled or are forced to take a lower-paying role due to the restrictions of your injuries.
- Rehabilitation and Therapy Costs: Includes physical therapy, occupational therapy, and any other specialized care needed to recover or manage your condition long-term.
Non-Economic Damages
These damages compensate for the more subjective, emotional toll that malpractice takes, such as:
- Pain and Suffering: This covers the physical pain and discomfort you’ve experienced due to the injury. This category also factors in long-term pain that may affect your quality of life.
- Emotional Distress: Injuries often come with psychological effects such as anxiety, depression, or post-traumatic stress disorder (PTSD), which can be compensated under non-economic damages.
- Loss of Enjoyment of Life: If the malpractice has left you unable to enjoy activities you once loved, you may be compensated for this loss.
- Scarring and Disfigurement: If your injury has resulted in visible scars or permanent disfigurement, you may receive compensation to address the emotional impact of these changes.
Seek Legal Help After a Medical Malpractice Claim
During the time following malpractice, you may receive a settlement offer from the doctor or hospital in lieu of going through a trial. Be sure to speak with a legal professional who can help you further understand your rights and explain what damages you may be entitled to before accepting any offer.
We understand that these initial settlement offers are often much lower than you may be able to receive if your case were to go to trial, with a lawyer arguing for your rights to higher compensation. You can speak with someone at Beam Legal Team about the most favorable options available to you.
Our Chicago medical malpractice lawyers are dedicated to holding negligent medical professionals accountable when their actions cause serious harm. We are committed to guiding you throughout the entire process and helping you seek the compensation you deserve.
Originally published February 12, 2019.
Call us today at (866) 404-5221 to speak with an attorney about your rights.