There’s no way to predict how long it will take to resolve a defective medical devices case, as each case is different. Several factors could influence the length of your case, such as the insurance company’s willingness to settle, the severity of your injuries, and whether your case needs to go to trial.
Some injury victims decide to partner with a Dallas defective medical devices lawyer for guidance in their cases. Though your attorney might not be able to provide a timeframe for your case, they can keep it on track and help you file within the legal filing deadlines.
Factors That Influence the Length of Your Defective Medical Devices Case
The duration to resolve your defective medical devices case can vary significantly based on several factors, making it challenging to predict an exact timeline. Generally, these cases can take anywhere from a few months to several years to settle or reach a verdict.
The timeline is influenced by the complexity of the case, the amount of evidence available, the legal process involved, and whether the case is settled out of court or goes to trial. Here are a few factors that affect the duration of your case:
- Complexity of the case: Cases involving extensive medical records, expert testimonies, and technical device information tend to take longer to assemble and argue.
- Volume of cases: If your case is part of a larger multidistrict litigation (MDL) or class action lawsuit, the process could be prolonged due to the sheer volume of similar claims being handled simultaneously.
- Negotiation with defendants: The willingness of the defendant(s) to negotiate a fair settlement can significantly impact the timeline. Some cases are settled quickly if the defendant wishes to avoid litigation, while others may be drawn out if the parties cannot agree on a settlement.
- Trial preparation and scheduling: If the case goes to trial, preparation time and court scheduling can extend the process. Trials themselves can last from days to weeks, adding to the timeline.
- Appeals: Either party can appeal the trial’s decision, which can add years to the case’s resolution.
Given these variables, you may want to discuss your case with a personal injury lawyer who handles defective product cases. They can offer a more tailored estimate based on the specifics of your case and the current legal landscape. Patience and preparedness for a potentially lengthy process are crucial in these cases.
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Regardless of How Long It Takes, You Should Pursue Financial Compensation with Your Medical Device Attorney
In your defective medical devices case, you may be entitled to recover various types of damages to compensate for your injuries and losses. These damages can include:
Economic Damages
Your economic losses are those with a predetermined financial value. They include:
- Medical expenses: Costs for current and future medical treatment, surgeries, and rehabilitation.
- Lost wages: Compensation for lost income due to inability to work.
- Loss of earning capacity: Future lost earnings if the injury affects long-term work ability.
- Out-of-pocket expenses: Any other expenses directly related to the injury, such as travel to medical appointments.
on-Economic Damages
You can also seek compensation for your intangible losses, including:
- Pain and suffering: Compensation for physical pain and emotional distress.
- Loss of consortium: Damages for the impact on the relationship with a spouse or partner.
- Loss of enjoyment of life: Compensation for the inability to enjoy hobbies and activities.
rongful Death Damages
If someone you love passed away because of a defective product, your legal team can help you pursue compensation for losses that include:
- Loss of the decedent’s financial support
- Lost household services
- Emotional distress endured by you or any other surviving family members
- Lost love, companionship, and society
- Lost savings or inheritance
hen Should You Get Started on Your Defective Medical Devices Case?
Starting on your defective medical devices case as soon as possible is crucial for several reasons. Here’s why you should not delay:
- Statute of limitations: Each state has its own time limit for filing a lawsuit, known as the statute of limitations. For cases like yours involving a defective device, you likely only have two years to file, according to Texas Civil Practice and Remedies Code § 16.003. If you wait too long to submit your case, you could lose your right to compensation.
- Evidence preservation: Evidence that is critical to your case, such as medical records, device information, and expert testimony, is more easily preserved and collected soon after the injury occurs. Over time, evidence can be lost, destroyed, or become less reliable.
- Witness recollections: Witnesses’ memories of the event or your medical condition following the use of the device are clearer shortly after the incident. Delaying action can lead to less accurate testimonies.
- Mitigating financial strain: Many victims face significant financial burdens due to medical expenses and lost wages. Pursuing your case promptly can help secure compensation to alleviate these pressures sooner rather than later.
- Emotional closure: Starting your case promptly can also provide a sense of taking action and moving toward closure, which is an important aspect of emotional recovery after experiencing a traumatic event.
Given these considerations, you may want to hire a personal injury attorney with experience in defective medical device cases as soon as you become aware of an injury related to a medical device. An attorney can advise you on the specifics of your case, including the applicable statute of limitations and the steps necessary to preserve your rights and access to your potential compensation.
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Call Loncar Lyon Jenkins to Get Started on Your Medical Device Lawsuit Today
You won’t have forever to take legal action against medical device manufacturers or another liable party. Get started with our product liability lawyers today. Our team will listen to the details of your case and explain your legal options. We may even be able to provide an estimate of how long it will take your case to settle.
Contact us today to discuss your case during a free initial consultation.