When a medical device is defective, it can cause serious injury or even death. If a defective medical device has injured you or a loved one, you may wonder if you are entitled to compensation. The answer is maybe – it depends on the particular circumstances of your case. To learn more about defective medical device settlements, read on!
Defective medical device settlements fall into two categories:
- The manufacturer offers to settle out of court.
- The case goes to trial.
- A jury awards damages.
Who is held liable for defective medical device settlements?
If a defective medical device has injured you or a loved one, you may wonder who is liable for settlements. The answer depends on the particular situation, but usually, the manufacturer or distributor of the device can be held liable. Sometimes, the hospital or doctor who implanted the device may also be held responsible.
You can recover damages for your medical expenses, lost wages, pain and suffering, and more if successful. To win a settlement, you will need to prove that the medical device was defective and that this defect caused your injuries. Having an experienced lawyer on your side is important to help you gather evidence and build your case.
What are defective medical device settlements?
Over the last few years, several high-profile cases have been involving defective medical devices. In some cases, these devices have caused serious injuries or even death. As a result, many people affected by these devices have filed lawsuits against the manufacturers.
In many cases, these lawsuits have resulted in settlements. A settlement is an agreement between the parties to a lawsuit whereby they agree to resolve the case without going to trial. Settlements can take many different forms but typically involve the payment of money by the defendant to the plaintiff.
In the context of defective medical device lawsuits, settlements typically involve the manufacturer paying a sum to the injured party or their family. The amount of money paid out in settlements can vary widely, depending on the facts of each case. In some cases, settlements can be for millions of dollars.
If a defective medical device has injured you or someone you know, you must speak with an experienced attorney who can help you understand your legal rights and options.
How are defective medical device settlements determined?
Several factors determine how much a defective medical device settlement will be. The first and most important factor is the extent of the injuries or damages caused by the defective device. If the victim suffered major injuries, such as permanent disability or disfigurement, they would likely receive a higher settlement than someone who suffered minor injuries.
Other factors that will be considered include the victim’s age, income and whether they have any dependents. Additionally, the court will look at how much money the manufacturer of the defective device has available to pay out settlements and how many other victims have filed lawsuits against them.
Contact and Visit Us at Garcia and Phan Southern California Personal Injury Attorneys
If a defective medical device has injured you, you may wonder if you are eligible for a settlement. The answer to this question depends on several factors, including the severity of your injuries, the type of defect, and whether or not the manufacturer can be held liable.
At Garcia and Phan Southern California Personal Injury Attorneys, we have experience handling defective medical device cases and can help you determine if you are eligible for a settlement. We offer free consultations so that you can learn more about your legal options and how we can help you get the compensation you deserve.
Contact us today at (714) 586-8298 to schedule a consultation.