Calculating Virginia Medical Malpractice Settlements 

There are a variety of factors that go into the calculation of a settlement in a Virginia medical malpractice case. Some of the things considered are the amount of medical bills and damages, the lasting effects of the malpractice, the degree to which the malpractice affected the person’s ordinary life, and the person’s ability to make a whole recovery. The type of medical malpractice and the degree to which it affects the person’s daily life will greatly impact the settlement.

Other things may impact the settlement, including potential legal defenses, potential costs of taking the case to trial, and the uncertainty of trial verdicts. How settlements are calculated to how the negotiation occurred in the particular case is something a person should discuss with an experienced medical malpractice injury attorney.

Jury’s Involvement in the Way a Settlement is Calculated

A jury does not determine a settlement. Rather, a jury is only involved if the case goes to a trial verdict. However, the ability to have a jury trial may impact a settlement. It may have both a positive or negative impact, depending on one’s vantage point.

Because juries are large and unpredictable, the potential outcome of a jury verdict could be a daunting process for either side. How a jury may affect a settlement is that the possibility of a jury verdict may influence the decision of one side, the other side, or both. However, juries do not get involved in a settlement calculation.

Negligence Affecting Settlement Amounts

Virginia is a contributory negligence state. This means that if an individual contributes to their own accident, they can be barred from settlement. While contributory negligence is not a common defense in medical malpractice, a person’s own involvement in things like an assumption of risk and other legal defenses that are otherwise considered to be legal defenses, such as negligence, may impact the settlement calculation.

For example, if there is a stronger likelihood that liability will not be found, there is a stronger likelihood that the settlement amount that will be offered to resolve the case will be significantly lower. Whenever there is risk, the injured party may lose the case either through factual issues or legal issues, such as contributory negligence or assumption of risk. The settlement amount may be impacted as a result.

Considering a Settlement

When calculating a Virginia medical malpractice a settlement, the injured party should consider all the factors. They should consider the risk of trial and the time and stress of a trial. They should also consider expenses, both expenses that will be incurred if the case goes to trial as well as legal expenses, expert witness expenses, their own time and effort, their family’s time and effort to sustain the trial, and unknown and unforeseen results.

There are also certain things that parties should consider. They should ask an experienced medical malpractice injury attorney to discuss the gross amount, meaning the total amount that is covered, the net proceedings, meaning after attorney’s fees, and any medical liens if they exist or other costs deducted, like how much the client will be left at the end once they go home.

It is also important to know that Virginia, like other states, makes personal injury verdicts or concludes medical malpractice verdicts exempt from income tax. That means if someone receives $30,000 in a Virginia medical malpractice case, they would not have to ship $10,000 of that away in taxes. They would not be taxed on that money as income.  For further clarification, consult a licensed tax professional. For other calculations of a Virginia medical malpractice settlement, consult an experienced lawyer.