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How Much Money is My Bedsore Worth?

Monday, March 9, 2020

How Much Money is My Bedsore Worth?

The answer is “it depends”.  Bedsore cases have been resolved for a million dollars, or more, and others for significantly less.  This is because every case is different.

How much money a bedsore, or pressure ulcer, lawsuit is worth can range from tens of thousands of dollars to hundreds of thousands of dollars.  In rare instances, verdicts have exceeded over a million dollars.  Every qualified lawyer knows that the value of your case depends upon its own unique set of facts and circumstances

Of course, there are ranges that are based upon results in other “similar” cases.  Experienced lawyers, insurance companies and Judges have these results at their ready.  To maximize any case, it needs to be professionally handled and processed.

Beware of any lawyer who claims to know the value of your case based upon nothing more than a telephone call or email post.  He or she is simply guessing.  Or worse, trying to bait you to hire him or her.

A respected and confident lawyer will tell you “it depends”.  It depends on the harm the bedsore has caused, future treatment of the wound, the age and applicable medical history of the victim, and the economic cost.  These are just a few of the significant considerations that must be known and vetted to give a reasoned and responsible answer.

 

Primary Areas of Bedsore Harm

 
  • Pain and Suffering: Bedsores are painful.  Treatment is uncomfortable, at best, and excruciating, at worst.  A bedsore may require a complicated surgical procedure.  Infections can occur and, in some instances, may result in death.  Pain from a bedsore is rarely eliminated.
  • Emotional Harm: Constant pain is emotionally draining.  The fear of recurrence is real.  Loved ones and caretakers face an emotional toll as well.
  • Medical Cost: Care and treatment can be substantial.  Dressing changes, professional treatment, hospitalizations and procedures, can easily exceed tens of thousands of dollars.

In some instances, the reason the bedsore occurred was so egregious or such an affront to the standard of care that the offender will be held accountable by paying punitive damages.  Punitive damages are the civil justice systems way to punish the wrongdoer for egregious conduct and to send a message to deter others from committing similar conduct.

   

What is the “Magic” Formula?

Just as no one can responsibly tell you what a bedsore is worth on first blush, there is no “magic” formula in ultimately determining the value of a case.

As attorney Abraham Lincoln said, “A lawyers time and advise are his (her) stock in trade”.

   

This simply means that a lawyer’s expertise is quantifiable.  A credible and experienced attorney who knows how to professionally handle bedsore cases and acquires a certain respect and credibility in the legal community.  Reputation has a decisive role in achieving the best possible result.

Insurance companies are shrewd and cunning.  They know which lawyers to take seriously; those who prepare, spend money on the proper experts, and leave no stone unturned.  Effective advocacy requires dedication, perseverance and commitment.

Every case has its strengths and potential shortcomings.  A wise lawyer will not only cultivate the strengths of a case but will prepare for the incoming defenses.  This approach is crucial to enhancing and promoting the value of any case.  A good lawyer leaves nothing to chance.

Factors that must be analyzed in determining how much a bedsore case is worth:
  1. The patient’s age and underlying medical history.
  2. Where did the sore develop in a facility, i.e. nursing home or hospital.
  3. Whether the bedsore (decubitus ulcer) was a cause of death.
  4. Did the pressure sore or decubitus ulcer cause an infection.
  5. Were (painful) procedures required, i.e. debridement or amputation.
  6. The economic loss to the victim and family.
  7. How involved was the family before and after the bedsore occurred.
  8. Were there violations issued against the facility.
  9. Are the records properly charted and in order.
  10. The location where the lawsuit is maintained may play a factor.

In determining how much money your bedsore is worth is not a DYI project.  Insurance companies and their attorneys are professional, extremely competent and have unlimited resources in their quiver.  The single best way to maximize the value of your case is with qualified counsel on your side.  Thank you.