Numerous advances have been made in medical care over the last several decades. Some of these advances include the development of new medical devices. While many of these devices have saved lives and improved quality of life, some have caused disastrous consequences.
Devices have failed, malfunctioned, and, in some cases, caused more problems than they solved. Often, this is due to a lack of proper testing and haste on the part of the device’s manufacturer.
The personal injury lawyer who represents you may also guide you in calculating the types and amounts of your recoverable damages, which may include:
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If you or a loved one were negatively impacted by a medical product, a Lafayette defective devices lawyer from our law firm may be able to help you seek compensation for your injuries. We can review your legal options during a free consultation.
Recoverable Damages in Your Defective Device Case
You can file a claim or lawsuit seeking compensation for the injuries and losses you suffered because of a defective device. The severity of your injuries is a significant factor in the amount of compensation you could recover. You could recover monetary and non-monetary damages from the liable party.
Once your lawyer determines what damages you could sue for, you will know what your case is worth. Monetary damages could include:
- Medical expenses (including surgeries, medications, and assistive devices)
- Physical rehabilitation
- Lost wages due to missing work for recovery time
- Other expenses related to your injuries and treatment
Non-monetary damages, such as pain and suffering, are more challenging to establish, as there is no dollar amount for them. However, your lawyer can review your documentation and calculate the value of these damages. Non-monetary damages could include:
- Mental anguish
- Emotional distress
- Loss of life enjoyment
Wrongful Death Damages
If you lost a loved one after they used a defective medical device, we are truly sorry for your loss. We know that compensation cannot replace your loved one, but it can ensure you do not have to worry about financial matters as you move through the grieving process.
In addition to the damages discussed above, your wrongful death case could entitle you to reimbursement for:
- Loss of financial support
- End-of-life expenses, including funeral and burial costs
- Loss of companionship
- Loss of consortium
How a Defective Devices Attorney Could Help You Flesh Out Your Claim
Patients who are injured due to defective medical devices deserve to be compensated for their medical expenses, as well as any related physical and emotional anguish. Filing a claim against the neglectful manufacturing company could be an imperative step to getting what you deserve. Without doing so, you would more than likely never receive compensation from the device’s manufacturer.
Investigating Liable Parties
We can conduct an investigation and collect evidence to determine if the manufacturer of the defective device is liable for your injuries. We will also seek out other parties who could be held accountable for your losses. In addition to the manufacturer, those parties could include:
- The retailer who sold the product, even if you were not the person who bought the device
- Any wholesaler, distributor, supplier, or another party who handled the defective device at some point during the distribution process
- The medical professional who used or recommended you use the device without providing adequate warning, even if they knew or should have known about the risks
We can handle this process for you and negotiate with insurance companies and others involved in your case. If our negotiations with the insurer do not lead to a favorable settlement for you, we can file a lawsuit and take your case to court.
You May Still Have a Case Even After the FDA Recalls the Product
A recall is a way of removing or correcting problems that violate FDA laws. When a manufacturer discovers or suspects that a device is defective, it is not only expected by the general public, but also mandated by 21 CFR 7, that they do the right thing by issuing a warning and recalling their product.
While most manufacturers will voluntarily act and issue a recall, some do not. Instead, they try to cover up the problem with the product. They deny there are inherent problems with their device and keep the product on the market, often causing more patients to suffer.
When a device manufacturer refuses to issue a voluntary recall, the FDA can step in and issue a recall, as per 21 CFR 810. Whether the recall was voluntary or involuntary, a lawyer experienced in defective devices can help injured victims seek compensation. A personal injury lawyer in Lafayette can help you with your case.
Louisiana’s Statute of Limitations Deadline for Injury Cases
If you are considering taking legal action in your defective device case, you may want to consider starting soon. Under CC Art. 3492, anyone who wants to file an injury lawsuit generally must do so within one year from the date of their injury. There could be exceptions to this deadline that apply to your case. We can discuss them during a free consultation.
Why Hire a Lawyer for Your Case?
Taking on the large corporations that make these devices can overwhelm the layperson, who is already injured and may not understand the complexities of product liability cases.
With more than 100 years of collective experience in personal injury law and more than $600 million recovered for our clients, we know what it takes to protect the interests and rights of the individuals we represent. We will fight for your compensation and are not afraid to hold the companies that make defective devices accountable.
What do Defective Devices Lawyers Do?
Filing a successful lawsuit involves a lot of hard work, paperwork, meetings with other involved parties, and more. With our team on your side, all you have to worry about is rebuilding your life. We can take care of everything else, including:
- Speaking with others: Our team can reach out to the liable party, their lawyers, and their insurance company on your behalf. If you want to communicate something to them or they need to communicate with you, we can serve as the go-between.
- Investigating your case: We can look for evidence supporting the liable party’s guilt, the severity of your injuries, and the link between the defective device and your suffering.
- Handling paperwork: A single mistake or missed deadline could jeopardize your right to damages. We can help preserve your rights by handling the paperwork on your behalf.
- Negotiating with the insurer: We are always willing to sit down with the insurance company and pressure them to give you what you need. We can assess any settlement offers they make and help you decide whether you should consider accepting one of them.
- Going to court if necessary: Pretrial settlements are typically faster, but they are not an effective option for everyone. In those cases, we can take your case to trial or even join a mass tort or class action lawsuit.
In short, defective devices attorneys do whatever they can to make clients’ lives easier. This involves not only managing all legal tasks on the client’s behalf, but also making our services more:
- Accessible: If you cannot visit our office, we can come to see you at home or in the hospital. We also give clients their lawyer’s phone number so they can get in touch with us whenever they need to.
- Affordable: The initial case evaluation is always free. Also, we never charge attorney’s fees unless and until our client receives compensation.
- Compassionate: We are here to support clients by taking their concerns seriously, answering all questions as soon as possible, and providing frequent case updates.
- Professional: Our team collectively has over 100 years of legal experience. We are happy to explain our clients’ rights and help them make critical decisions at every stage of their cases.
Can You Afford Legal Help?
Our lawyers work on contingency, which can help ease clients’ concerns about the costs of legal representation. We do not charge any upfront fees or expenses to represent you. If your case is successful and you receive a settlement, we will take our payment from that award. If you do not win your case, you do not owe us anything.
When considering legal costs, remember that the device manufacturer you are suing likely has many high-powered lawyers willing to do anything to save their client money. You could benefit from hiring a lawyer whose main goal is to protect your interests and secure an appropriate settlement.
Call Laborde Earles Injury Lawyers for a Free Consultation
If you are ready to seek justice for the pain, suffering, and additional medical expenses you have incurred, a defective devices lawyer from our Lafayette office may be able to help you. Call our legal team today at (337) 777-7777 to learn more about what an attorney could do for you. Your first consultation is free.