On TV, every case seems to go to trial. However, in the real world, most cases settle. The parties come to an agreement, and the defendant pays an agreed-upon amount to the plaintiff. There are a number of reasons parties agree to settle a case, including a faster resolution, a guaranteed amount of money, and avoiding the high cost of a trial.
But just as an experienced attorney is essential during a trial, an experienced attorney is also essential during settlement negotiations. An experienced attorney will investigate a client’s case to see how strong the claim is and advise his client about how much the claim may be worth. There are a number of factors to consider, including the strengths and weaknesses of available evidence, the outcomes of similar cases, policy limits, statutory limits, and the defendant’s resources.
In calculating damages, verdicts and settlements can also consider the value of the plaintiff’s present and future lost earnings, profits, or salaries. In Illinois, the Illinois Supreme Court has stated that expert testimony is not required to establish loss of future earning ability, so a plaintiff may be able to provide testimony about future earning ability on their own. In cases involving celebrities, damages based on a person’s future earnings can run very high.
Joan Rivers’ Family Settles Lawsuit
In September 2014, Joan Rivers went into a coma while she was undergoing a laryngoscopy and endoscopy. She died a week later. Her family brought a medical malpractice suit against five doctors and the clinic. According to the lawsuit that was filed, the physicians violated several safety protocols. In addition, when she had a spasm and went into cardiac arrest, they failed to respond properly.
One of the physicians, an anesthesiologist, worried about the outcome at the time and wrote five pages of notes during the incident at the clinic. According to those notes, the anesthesiologist warned another physician that Ms. Rivers’ vocal chords were in danger of seizure, and the other physician told her that she was being “paranoid.” Later, the anesthesiologist looked for a specialist to perform an emergency procedure who had been present earlier, but she had already left. These notes were key in helping Ms. Rivers’ lawyers figure out where things went wrong.
The lawsuit recently settled. Ms. Rivers’ lawyers did not disclose the settlement amount but said that the amount was “substantial.” Ms. Rivers’ daughter, Melissa Rivers, says she now plans to “work towards ensuring higher safety standards in outpatient surgical clinics.”
Have You Been the Victim of Medical Malpractice?
If you or a family member has been injured during a medical procedure, a medical professional may have been at fault. Filing a medical malpractice claim may allow you to receive compensation and may also allow you to hold medical professionals responsible for their actions. The Chicago lawyers at Moll Law Group are available to advise people who have suffered from a medical misdiagnosis, a surgical error, a birth injury, or another form of medical malpractice. Even if you decide to settle your claim, it is important to have an experienced attorney at your side who knows how much your claim is worth. Billions of dollars have been recovered in cases in which we have been involved. Call us at 312-462-1700 or contact us through our online form to arrange a free initial consultation.
See More Posts:
Recent Study Highlights Risks of Emergency Surgeries, Illinois Injury Lawyer Blog, May 18, 2016.
Evidence of Lack of Insurance Determined Irrelevant in Car Accident Claim, Illinois Injury Lawyer Blog, April 30, 2016.
Woman Injured by Hot Air Balloon While Standing in Line Permitted to Sue Despite Signed Waiver, Illinois Injury Lawyer Blog, May 11, 2016.