Every good malpractice case will end with a settlement, at least that’s the goal. At Westphal Law Group, we do our best to have cases that end with the settlement that you deserve. Both financial and emotional reimbursement is something that we take into consideration, and without a doubt, we take them very seriously.
While this is the end result that we’d love to see each time, there are a few things that you’re going to need to have lined up before you can expect to see a settlement come through. Today’s blog post will provide some more clarification on what types of things we’ll be looking for when we start to plan your settlement out, as well as some of the qualifications that you need if you’re looking to get funding from the pre-settlement.
Asking Price
The time, pain and finances that we deal with when an unexpected incident has happened, especially one that is due to malpractice, is the last thing that anyone wants to put on their plate. There is no minimum or maximum that you have to worry about when you’re planning on asking for a settlement amount, which is a fantastic benefit.
If there is a number that you are planning on asking for, be aware that there are a few things that you’ll have to prove and have support for when you bring the settlement to court. We’ll talk about a few of the qualifications and support points that you’ll need to have ready to stand behind, here soon.
Medical Expenses
One of the things that will go into your settlement pricing will be your medical expenses. Hospital bills are one of the main reasons that settlements came to fruition in the first place. When someone else’s negligent attitude was the reason that you wound up injured, it shouldn’t be your responsibility to pay for these bills. Therefore, keeping a record of your medical bills is something that you should do because these are almost a guaranteed settlement if you do have a solid case.
If you wind up having an injury that is going to require multiple doctors or visits in the future, you can include these medical expenses into the claim that you make for the settlement. In fact, any additional doctor appointments that you have that are due to the accident can be put on your claim.
Property Damage
Another cost that you may be paying will be any damage that you had to property. If your home, vehicle or physical property was damaged in any way due to the negligence or malpractice of a professional, then you should know that you should be able to get reimbursed for these expenses as well. These are also costs that you don’t want to have to deal with after all is said and done, but seeing as how they weren’t your doing, they shouldn’t be your responsibilities. Dependent on how the damage happened in the first place, you are able to file for these claims as well. This is, however, one of the areas that will require you to have quite a bit of support and evidence for the case that you’re going to present.
Lost Earnings
The expenses that are extremely difficult to deal with are the ones that you’re missing. Some personal injury incidents that you wind up dealing with can put you out of work for days, weeks or months. If you have experienced a loss of your income due to the results of an accident that you had, whether it be from negligence, personal injury or malpractice, you have the right to claim a settlement. Since this is another one of the areas that is heavily dependent on the way that the accident happened, you will need to have some solid justification and reasoning behind this area as well.
Depending on when you’re trying to get this settlement taken care of, or when you think that it will go through, you can also make a claim for any lost damages in the future, but this will also need to be heavily supported by the suggestions that the doctor makes and how long they anticipate your injuries keeping you out of work for. After all, a long-term loss of income is something that you’re going to have to deal with and that you shouldn’t have to anticipate when the accident that happened wasn’t your doing.
Emotional Damage
At times, there are accidents that will happen that can cause pain and suffering that you can’t put a price on. These types of issues are ones that you will also have to have a solid case for, but if this is something that you want to put into the claim, then it’s pretty likely that you will have a good enough point to make that it will be included in your claim.
While there are cases that you feel deserve reimbursement, these are more so the types of items that no matter what you do, you’ll never be able to replace. The loss of a child, pet, functionality of a body part, or something so painful that no amount of money could truly fix. If this is something that you want to have in your claim, we can sit down and work through the technicalities of this and determine whether or not the emotional damage that you want to put on the claim is something that you can actually get reimbursement for.
If you’re interested in getting reimbursed for both physical and emotional loss expenses after an accident that was either a personal injury claim or an act of malpractice, you can count on Westphal Law Group to have your back. Contact our team today and we’ll get in contact with you to set up a time for a consultation. From there we can move forward determining what the best plans of attack are.
