Content Reviewed by:
Steven M Levin
Content Reviewed by: Steven M Levin
Since 1976, Steve Levin has been dedicated to helping people injured by others’ negligence. He is one of the first attorneys in the U.S. to prosecute nursing homes for abuse and negligence. He’s also helped write new legislation that governs the operation of nursing homes, including the Illinois Nursing Home Care Act. Moreover, Levin & Perconti has obtained the top three jury verdicts in nursing home negligence cases in Illinois.
The average settlement for a medical malpractice lawsuit in Illinois is $646,921 as of September 30, 2024.
This information comes from the National Practitioner Data Bank, which collects medical malpractice data for every state from health care entities, insurance companies, private organizations, and government agencies. The database shows that Illinois health care providers paid 328 medical malpractice claims totaling $212.19 million from January 1, 2024, through September 30, 2024. Of these, 69 payments were for $1 million or more.
Every medical malpractice claim is unique. The amount you might recover depends on the specific details of your case, such as the nature and severity of your injuries, the extent of the negligence, and the strength of your case. Your lawyer’s skill and experience also play a critical role in how much you receive. Our medical malpractice lawyers have won national recognition for fighting for medical malpractice victims, and we have recovered over $2 billion in settlements and verdicts.
Notable Medical Malpractice Case Results at Levin & Perconti
- $40 Million verdict on behalf of a now-19-year-old woman who suffered a severe and permanent brain injury during birth from a delayed C-section delivery at Sarah Bush Lincoln Memorial Hospital.
- $20 Million verdict on behalf of a child who suffered preventable HIE and asphyxia injuries at birth, resulting in permanent cognitive and developmental impairments.
- $17.7 Million medical malpractice settlement for a former police officer who suffered a life-altering brain injury due to nursing staff negligence at a Chicago hospital.
- $14 Million record verdict against a doctor and hospital for not following and ignoring abnormal chest X-ray results, which caused a substantial delay in the diagnosis of lung cancer
Factors That Can Impact Your Medical Malpractice Settlement Amount
Every medical malpractice case is unique. The amount you receive will depend on how severely you are injured, the financial impact of your injuries, and how your injuries affect your quality of life. The most important injury factors that influence your compensation include the following:
- The length of your recovery
- Whether your injuries are permanent
- The cost of your medical care
- Your earnings before the incident
- How your injuries affect your future earnings
- Your physical pain and emotional distress
- Disabilities brought on by the injuries
Non-Injury Factors that Impact Compensation
Certain non-injury factors can also impact the amount you recover. For example, if multiple health care providers contributed to your injuries, the available insurance coverage will be higher, increasing the likelihood that enough insurance coverage will be available to compensate you for all of your damages.
The strength of your case is also crucial for maximizing compensation. Insurance companies are more likely to offer generous settlements if your case against each health care provider is strong enough to win if your case goes to trial. Having a skilled law firm such as Levin & Perconti on your side may be the most important factor in determining the size of your settlement. Insurance companies know us by reputation. They know we often win in court and will not settle for less than our clients deserve. As a result, they often settle with our clients for full compensation.
How Is a Medical Malpractice Settlement Calculated?
“For a personal injury action, one of the arts is being able to come up with a number that you, as the attorney, think is fair and reasonable and have a discussion with your client about, and it is different from case to case. One of the things I tell our lawyers is they’ll present a case at a lawyer meeting, and we’ll give opinions as to what we think is fair and appropriate compensation.”
When calculating your case’s value, your attorney will consider your economic and non-economic damages. If your case goes to trial, the jury will calculate your compensation based on the evidence provided, and the judge will instruct the jury on how to calculate economic and non-economic damages.
Calculating Economic Damages
Economic damages cover the monetary costs of your injuries, such as medical expenses, lost wages, lost earning capacity, and domestic services. Our attorneys consult with life care planners and medical experts to determine what treatment you will need now and in the future and how much it will cost over your lifetime.
Your paystubs will provide information about past earnings. If your injuries affect your ability to work for the long term, we will coordinate with vocational specialists and financial experts to calculate your lifetime lost earnings. We will also look at other costs, such as the cost of domestic services you can no longer provide for yourself, transportation costs, and personal care services.
Calculating Non-Economic Damages
Non-economic damages like pain and suffering are more complex to calculate. There is no exact formula. Most attorneys and insurance companies use the multiplier or per diem method.
The multiplier method involves choosing a number—usually between two and five—to quantify your pain and suffering, with five indicating the highest degree of suffering. The attorney then multiplies this number by your economic damages to determine an amount to cover your pain and suffering.
In the per diem method, your attorney multiplies the number of days your suffering is expected to continue by a number chosen to represent your suffering. For cases involving lifelong pain and suffering, your life expectancy will generally be used as the number of days.
Some attorneys use a combination of the two methods. The exact method used to calculate your non-economic damages will be based on your unique circumstances.
Who Pays Your Settlement in Medical Malpractice Cases?
Compensation for medical malpractice typically comes from medical malpractice insurance companies. Illinois law does not require physicians to carry medical malpractice insurance. However, most health care providers carry it. Your damages could come from the liable health care provider’s pocket if they exceed the available coverage or if the provider failed to carry insurance.
In many cases, multiple health care providers are liable. In these cases, compensation may come from all of the liable parties’ insurance companies according to each provider’s level of responsibility.
Get Help With Your Medical Malpractice Lawsuit Today
If you or your loved one has been harmed by medical malpractice, our experienced medical malpractice lawyers can help you recover substantial compensation. We have been helping victims of medical malpractice hold negligent health care providers accountable since 1992, and our founders are pioneers in medical malpractice litigation. Our attorneys have over 400 years of combined experience handling medical malpractice cases and have recovered over $2 billion in damages.
Our co-founder, John J. Perconti, received medical training before studying law. His in-depth understanding of complex medical issues has made him one of the nation’s leading medical malpractice lawyers. Our medical malpractice case results include numerous record-setting verdicts and settlements, often exceeding the average medical malpractice settlement. Fellow lawyers nationwide refer cases to us because of our proven track record.
We have the financial resources to invest every dollar necessary to prosecute your medical malpractice claim, and we have developed the most effective and aggressive approach to handling each case.
Contact us online today or call (312) 332-2872 to schedule your free consultation.
