To build a strong defective medical device case, you’ll need evidence such as your medical records, statements from expert witnesses, and documentation of the device’s history. Photos, videos, and statements from your friends and family can also be useful.
Collecting this evidence can be difficult on your own, especially when you’re trying to recover from the injuries the defective device caused. Hiring a Dallas defective medical devices lawyer allows you to focus on your physical and mental recovery. Your legal team will gather evidence, speak to witnesses, and file your case on your behalf.
Medical Records, Witness Statements, and Other Types of Evidence Can Help Prove Your Right to Compensation
Building a strong defective medical devices case requires gathering comprehensive evidence to prove the device was defective and caused harm. Here’s a list of crucial evidence:
- Medical records: Documenting the injuries caused by the device, treatments received, and any ongoing medical issues.
- Expert testimony: Specialists in fields relevant to the device can provide insights into how the device failed and the medical impact of its failure.
- Device itself: The medical device in question, if available, can be examined for defects.
- Documentation of the device’s history: This includes recall notices, reports of adverse events submitted to regulatory agencies, and the device’s marketing materials to establish a history of defects or misleading information.
- Correspondence: Communications with healthcare providers, manufacturers, and insurers regarding the device and the injuries suffered.
- Photos and videos: Visual evidence of the injuries and, if possible, the defective device in use.
- Witness statements: Testimonies from people who can corroborate your experience, including healthcare professionals, family members, and others affected by the device.
- Financial records: Documentation of expenses related to the defective device, including medical bills, lost wages, and other costs incurred due to the injury.
Gathering this evidence is critical for establishing liability, demonstrating the extent of your injuries, and securing the compensation you deserve.
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How Your Defective Medical Device Lawyers Will Collect the Evidence Needed to Build Your Case
To collect the evidence needed for your defective medical devices case, your product liability lawyer will employ a variety of methods, ensuring a comprehensive approach:
- Review medical records: They will obtain and review your medical records to document the injuries and treatments related to the defective device.
- Engage medical experts: Your lawyer will consult with medical experts to analyze the device’s impact on your health and provide testimony on the device’s failure and the harm it caused.
- Investigate the device’s history: They will research the device, including any recalls, previous lawsuits, and regulatory actions, to establish a pattern of defects or negligence.
- Collect physical evidence: If possible, the actual device will be secured and analyzed for defects.
- Gather documentation: They will compile all relevant documentation, including the device’s marketing materials, your communications with healthcare providers, and any complaints made to the manufacturer or regulatory bodies.
- Interview witnesses: Your lawyer will identify and interview witnesses, including medical professionals and others who can attest to your experience and the device’s impact.
- Utilize discovery tools: Through legal processes such as subpoenas and depositions, your lawyer can obtain documents and testimonies from the manufacturer and other parties involved.
This meticulous collection and analysis of evidence by your lawyer are vital in building a strong case to prove the device was defective and caused your injuries.
Types of Damages You Can Recover Using Your Evidence Collection
Using the evidence collected by your personal injury lawyer in a defective medical device case, you may be able to recover various types of damages:
- Medical expenses: Compensation for past and future medical treatments, surgeries, rehabilitation, and any other healthcare costs related to the injuries caused by the defective device.
- Lost wages: Reimbursement for income lost due to time off work for recovery or medical appointments, including future lost earning capacity if you are unable to return to work at the same level as before.
- Pain and suffering: Compensation for physical pain, emotional distress, and suffering caused by the injuries and their impact on your quality of life.
- Loss of consortium: Damages for the impact on your relationship with your spouse or partner due to the injuries sustained from the defective device.
- Wrongful death damages: If the defective medical device led to a death, the surviving family members could recover damages for funeral and burial costs, loss of the deceased’s future earnings, and loss of companionship.
The specific damages available can vary depending on the details of your case. Your legal team will assess your case to ensure they demand compensation for the range of your losses.
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Getting Started on Your Product Liability Lawsuit Right Away Gives Your Medical Device Attorney More Time to Collect Evidence
You should not delay in getting started on your medical device lawsuit. The sooner you bring your case to a personal injury law firm, the more time they have to gather evidence that may be time sensitive. For example, eyewitnesses may forget details about your case as more time passes, and your lawyers will need pictures and videos of what your injuries look like right after you sustained them.
Getting started on your case as soon as possible also protects your right to file a product liability lawsuit. According to Texas Civil Practice and Remedies Code § 16.003, you may only have two years to file your case. If you file too late, you could miss your chance to recover compensation.
Call Loncar Lyon Jenkins to Start Building Your Defective Medical Devices Case
With a strong evidence collection, you could recover compensation for all your medical bills, pain and suffering, and more. You shouldn’t have to gather your evidence alone while you’re recovering. Let the team at Loncar Lyon Jenkins pursue the fair settlement you deserve. We’ll thoroughly investigate your case to collect the evidence we need.
Contact us today to get started with a free initial consultation. We have a team member available to take your call 24/7.