$50+ Million Recovered Since 2015
$7.7 Million - Phila. Hospital Malpractice
$6.3 Million – Montgomery Co. Medical Misdiagnosis
$2 Million – Chester Co. Stroke Misdiagnosis
Offices in Philadelphia & Conshohocken, PA
Personal Injury Lawsuits – Case Value for Medical Malpractice, Car Accidents, Etc.
What is your case worth?
Whether it’s a medical malpractice case or a car accident case, there are many factors that go into determining how much your case is worth. These may include compensatory damages for your pain and suffering, such as for your injuries as demonstrated by objective testing such as x-rays or MRIs, surgeries, past/future medical care, past/future medical bills, past/future loss of earnings due to your injuries, and out of pocket expenses. There are certain state laws that come into play when calculating to present value future economic damages for medical care and wages.
What are punitive damages?
In addition to compensatory damages, punitive damages may be awarded in addition to compensatory damages in order to punish a defendant for certain conduct. Punitive damages may be available in very limited circumstances where a defendant acts in an intentional, malicious manner or so carelessly that it shows a wanton disregard for other’s safety.
In general, in personal injury and medical malpractice lawsuits, a plaintiff cannot recover attorney’s fees from a defendant.
Amended Law Helps Patients File Pennsylvania Medical Malpractice Claims, Effective January 1, 2023
As of January 1, 2023, a change to Pennsylvania's Rules of Civil Procedure will give patients the ability to choose where to file their medical malpractice lawsuits. Previously, patients were required to file medical malpractice claims in the county where the negligent conduct occurred. In January, cases may be filed in any county where 1. the defendant can be served (i.e., does business, has an office, etc.), 2. the negligent conduct took place, or 3. a relevant transaction or event took place.
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Settlement vs. Trial Verdict
How does settlement or trial affect your case value?
Once the potential value of your case has been determined, it’s time to make a decision as to whether the case will be settled or taken to trial. There are pros and cons of each, and the attorneys at Morris Wilson Knepp Jacquette, P.C. will use their expertise to decide which is the right option for your case.
Settlement occurs either before a lawsuit is filed, or at some point during litigation prior to a verdict or arbitration award. A settlement is reached when the attorneys from all parties have mutually agreed to resolve the case for a certain dollar amount. Settlement can be quicker but can also occur during a trial, years after filing suit.
A verdict is accomplished when either a jury of peers or a judge makes a decision as to whether the defendant is at fault, and if so, how much the damages are worth. Many law firms never take cases to trial because they do not have the resources and experience to try them, especially in complex cases like medical malpractice or product liability. Trials can be very costly and time consuming and present a huge risk. Morris Wilson Knepp Jacquette, P.C. has a long track record and reputation for obtaining positive multi-million dollar results at trials, even in counties with historically hostile juries toward plaintiffs.
Arbitration awards occur when a smaller case (worth below $50k) is decided by an arbitration panel made up of 3 attorneys. This award can resolve the case, or the outcome can be appealed to the court of common pleas to have a trial.
Settling a case guarantees a financial benefit to the plaintiff while a trial or arbitration could result in $0, but if there is a reward then it is at the discretion of the jury, not the defendants who will try to pay you the least amount possible.
Morris Wilson Knepp Jacquette, Pennsylvania Personal Injury & Medical Malpractice Law Firm
Personal injury cases accepted across Pennsylvania, including Philadelphia, Bucks, Chester, Delaware and Montgomery counties. Call our firm for a FREE consultation. (610) 825-0500