Medical Malpractice Damages Estimator
Estimates potential medical malpractice damages including past and future medical expenses, lost wages, loss of earning capacity, and non-economic damages such as pain and suffering. Results are estimates only and do not constitute legal advice.
Medical Expenses
Lost Income
Non-Economic Damages
Applied to total economic damages. Use higher values for severe, permanent injuries.
Discount Rate & Adjustments
Used to calculate present value of future losses (typical range: 2%–5%).
Reflects likelihood of proving full liability (0–100%).
Formulas Used
Economic Damages
- Past Medical Expenses: Actual costs already incurred (no discounting).
- Future Medical Expenses (PV): PV = Annual Cost × [1 − (1 + r)⁻ⁿ] / r, where r = discount rate, n = years of care.
- Past Lost Wages: Actual wages lost to date (no discounting).
- Future Loss of Earning Capacity (PV): Annual Loss = Annual Income × (Reduction % / 100); PV = Annual Loss × [1 − (1 + r)⁻ⁿ] / r.
- Total Economic = Past Medical + PV Future Medical + Past Wages + PV Future Earning Loss
Non-Economic Damages
- Pain & Suffering = Total Economic × Multiplier (1–5), then capped by state cap if applicable.
Final Estimate
- Gross Total = Total Economic + Non-Economic Damages
- Liability-Adjusted Estimate = Gross Total × (Liability % / 100)
Assumptions & References
- Future damages are discounted to present value using a standard annuity formula consistent with Jones & Laughlin Steel Corp. v. Pfeifer, 462 U.S. 523 (1983).
- The pain and suffering multiplier (1–5×) reflects common jury award ranges; higher values apply to permanent, severe, or catastrophic injuries.
- Many states cap non-economic damages in medical malpractice cases (e.g., California MICRA: $350,000 as of 2023 with annual increases; Texas: $250,000 per defendant). Enter 0 if your jurisdiction has no cap.
- Punitive damages, wrongful death damages, loss of consortium, and attorney contingency fees (typically 33%–40%) are excluded from this estimate.
- The liability percentage accounts for comparative fault rules and the probability of establishing negligence at trial.
- Discount rates of 2%–5% are typical; the U.S. Treasury rate or state-mandated rate may apply.
- This tool provides estimates only and does not constitute legal advice. Consult a licensed medical malpractice attorney for case evaluation.