Legal Question in Medical Malpractice in Washington

medical negligence

I have read that general damages (pain and suffering) are typically 1 to 3 times the special damages. In a medical negligence case, I have been billed around 30k for care resulting from the issue. However, I am double insured and my out of pocket costs are roughly 4k. Would the general damages be based on the total billing of 30k or my out of pocket of 4k? If it's based on my out of pocket 4k, can I seek reimbursement for insurance premiums? I would have cancelled the second policy months ago if it werent for the ongoing care. Thank you


Asked on 3/17/09, 5:25 pm

1 Answer from Attorneys
Gary Preble Preble Law Firm, P.S.

Re: medical negligence

Insurance is not taken into consideration when calculating damages, though they will most likely expect to be repaid from your recovery. If there is an attorney involved, the insurance will usually reduce what it gets due to the attorney's portion.

Thus, the answer is the total billing, not just your out-of-pocket.

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Answered on 3/18/09, 12:35 am


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