What Kind of Compensation Can I Expect?


A: You've been injured, or are the victim of medical malpractice. One thing is certain, you want to protect your rights. And you want to know what is coming to you. Here is how you can find out:

In almost every case the only type of recovery available is financial.
Every one of our clients, without exception, would prefer to have never been injured. The only avenue of recovery available is money as compensation for their injuries. It is an imperfect system, but it is the only system available that provides recourse to the wrongfully injured or the families of the deceased that we represent.

Damages or settlement amounts are based on several factors.
Liability is one such factor. The stronger the fault the more likely a defendant will offer a settlement or recovery. Defendants like to argue that our clients have some degree of fault in causing their own injuries. They often claim this as a defense in an attempt to limit their financial exposure. We go to great lengths to nip this argument in the bud through our pre-litigation investigation. Call us for a more detailed explanation of how we do this.

Causation is another element of the case.
We have the burden of proving that the conduct of the defendant caused your injury. Sometimes, this is not disputed by the insurance company, other times, it is the entire case. Again, we have special ways and techniques of proving causation to help our clients.

Actual damages are your medical expenses and lost time or economic damages.
These need to be real and tangible. If they are speculative the court will not allow you to recover for these elements. We rely on your doctor and employer, along with wage loss information, like tax returns to establish these damages. Very often we retain experts to prove these types of damages. You can also recover substantially for pain and suffering, disability, disfigurement, lost enjoyment of a normal life, lost chance of survival, grief, loss of love, affection and services. These are established through both medical testimony and your own testimony. There is no set formula for the recovery of these elements of damages. Depending on the type of claim, be it negligence or wrongful death, some or all of these elements of damages are available to you as a part of your case.

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Richard F. Mallen & Associates, Ltd
228 South Wabash Avenue, Suite 420
Chicago, IL 60604
Phone: 312-346-0500
Fax: 312-346-5778
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