Numerous advances were 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. Oftentimes, this is due to a lack of proper testing and haste on the part of the device’s manufacturer. If you or a loved one were negatively impacted by a medical product, a defective devices lawyer from our law firm in Lafayette 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 after handling 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 our 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, assistive devices)
- Physical rehabilitation
- Lost wages due to missing work for recovery time
- Other expenses related to your injuries and treatment
Non-Monetary Damages
Non-monetary damages, such as pain and suffering, are more challenging to establish, as there is no dollar amount for them. However, our lawyer can review your documentation and calculate what these damages are. Non-monetary damages could include:
- Mental anguish
- Emotional distress
- Loss of companionship
- Loss of life enjoyment
For a free legal consultation with a defective devices lawyer serving Lafayette, call (337) 777-7777
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 our own investigation and collect evidence to determine if the manufacturer of the defective device is liable for the 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; and
- Any wholesaler, distributor, supplier, or another party who, at some point, handled the defective device during the distribution process
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.
Lafayette Defective Devices Lawyer Near Me (337) 777-7777
You May Still Have a Case Even After the FDA Recalls the Product
A recall is a way of removing or correcting problems that are violating 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 U.S.C. §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, and instead, 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 their own recall, as per 21 U.S.C. §810. Whether the recall was voluntary or involuntary, a lawyer experienced in defective devices may be able to help injured victims seek compensation. Our lawyer in Lafayette can help you with your case.
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Louisiana’s Statute of Limitations Deadline for Injury Cases
If you are considering taking legal action in your defective device’s case, you may want to consider starting soon. Under CC §3492, anyone who wants to file an injury lawsuit generally must do so within a 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.
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Why Hire a Lawyer for Your Case?
Taking on the large corporations who make these devices can overwhelm the layperson, who is already injured and may not understand all of the complexities that product liability cases involve.
With more than 100 years of collective experience in personal injury law and more than $200 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 who make defective devices accountable.
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 take our payment from that award. If you do not win your case, you do not owe us anything.
Call the Attorneys 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 a qualified attorney could do for you. The consultation is free.
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