How to File a Lawsuit Against Defective Medical Implants
If you have suffered a severe injury from a defective medical device, and you are wondering if it makes sense to sue the manufacturer, we may have a few tips for you. As an important decision as it is, you might need some additional information and input from a skilled attorney to answer it.
How to know if you have a valid case?
To have thoroughly answered the best advice is to consult us by phone 480-757-5000
This is where the years of experience and seeking justice for clients before you will come into play. Professionals can always see the standpoint of a case so they can decide if it’s worth pursuing from a legal and financial perspective.
Your lawyer should always make sure that you are within the statute of limitations and that you have sufficient evidence to prove your case and compare your situation to other similar cases to estimate how much compensation you might be able to recover. A reasonable probability lawyer will analyze your situation, and examine your case to other similar cases to determine how much benefit you might be able to recover. Also, a good lawyer should analyze the defendant’s perspective and explore the possibilities of counterclaims.
What do I need to prove to win a products liability case?
This is a product liability lawsuit if you are making a defective medical device case.
To sustain your case you need the following elements:
• You sustained an injury
• The product you used was defective
• The product’s defect caused your injuries
• You were using the product as specified in the time of the injury
Who might be liable for my injuries from a defective medical device?
In defective product case, you may begin with the manufacturer of the device, but there is a whole chain of commerce liable for your injuries as well including the suppliers, distributors, wholesalers, and retailers that were connected to the development, creation, and sale of the defective product.
What are the potential outcomes of a products liability lawsuit?
A trial can take a lot of time and effort, much of it will be boring, frustrating and time-consuming. Be prepared to see less than appealing aspects of human nature on display during the trial, and after all planning and preparation, and energy wasted, the jury might not rule in your favor, and you will not end up any better than when you began. The odd advice is, you should check out some television, cause sometimes, it can manifest some interesting detail that might have validation in real trials.
With a skilled liability lawyer who can present the case with strong evidence and arguments, you could prevail and feel vindicated for taking the time and effort to make the case to trial.
There’s a lot of elements involved. We at Schenk and Podolsky won’t take your time into settlements that can be disputed. We work hard and appreciate our clients. Call today for free consultation.