You can seek compensatory damages in a defective medical device lawsuit. These include economic damages such as medical expenses and non-economic damages such as pain and suffering. If your loved one passed away because of a defective medical device, you can also seek wrongful death damages.
Pursuing compensation on your own isn’t easy, especially if you are healing from severe injuries. By hiring a defective Dallas medical devices lawyer to manage your case, you free yourself to focus on your health and well-being. Plus, your lawyer will know how to asses your case and document your recoverable damages.
You Can Recover Economic Damages in a Defective Medical Devices Lawsuit
Economic damages are those with a fixed financial value. Recovering economic damages in a defective medical device case is crucial for victims to address the financial burdens that come with injuries caused by faulty devices. These economic damages include medical expenses, lost income, and reduced earning capacity, each playing a vital role in your final settlement.
Your product liability attorney can help you seek compensation for:
Medical Expenses
Medical expenses form the foundation of economic damages in defective medical device cases. They cover the cost of all healthcare needs arising from injuries caused by the defective device, including:
- Hospitalization and surgical procedures directly linked to the injury.
- Medications, both for immediate treatment and ongoing management of pain or complications.
- Physical therapy and rehabilitation costs to aid recovery.
- Future medical care, including surgeries or treatments anticipated due to the injury.
Hold on to all related medical bills and receipts, as these can support your case. Expert testimony may also be necessary to project future medical costs, ensuring comprehensive coverage through the claim.
Lost Income
Victims often suffer lost income due to their inability to work while recovering. This category includes:
- Wages lost during periods of hospitalization and recovery.
- Benefits and bonuses that would have been earned had the injury not occurred.
- Sick leave and vacation days expended as a result of the injury.
To recover these losses, claimants should provide employment records, pay stubs, and statements from their employer detailing the income lost due to medical absences.
Reduced Earning Capacity
Some injuries may permanently affect a victim’s ability to work, leading to reduced earning capacity. Compensation can include:
- The difference between the victim’s earnings before the injury and their potential earnings after the injury.
- Costs associated with retraining or education, if the victim needs to switch professions due to their injuries.
- Losses from diminished advancement opportunities and retirement benefits.
Quantifying reduced earning capacity often requires economic and vocational experts who can attest to the impact of the injury on the victim’s career trajectory.
Recovering Non-Economic Damages in a Defective Medical Device Case
Non-economic damages in a defective medical device case address the intangible losses suffered by victims, which, although not directly measurable in monetary terms, significantly impact their quality of life. These damages include physical pain and suffering, emotional distress, and loss of enjoyment of life, each representing a critical component of the compensation sought in such cases.
Physical Pain and Suffering
Physical pain and suffering refers to the actual physical discomfort and pain experienced as a direct consequence of injuries caused by the defective medical device. This can range from immediate pain felt at the time of injury to chronic pain that may persist long after the incident. Compensation for physical pain and suffering aims to acknowledge your endurance through painful treatments, surgeries, and the daily challenges posed by your injuries. It’s assessed based on the severity of the pain and its duration, considering both past and future suffering.
Emotional Distress
Emotional distress encompasses the psychological impact of the injuries and the trauma of the experience, including anxiety, depression, fear, and insomnia. The emotional toll of dealing with a serious injury, the stress of medical treatments, and the uncertainty about the future can be profound. Compensation for emotional distress recognizes the invisible wounds that you carry, offering a form of redress for your mental and emotional pain.
Loss of Enjoyment of Life
Loss of enjoyment of life refers to the diminished ability to enjoy the day-to-day activities and pleasures of life that were possible before the injury. This includes hobbies, recreational activities, and the ability to engage in family and social events. For many victims, this represents one of the most significant losses, as it affects their quality of life and personal happiness. Compensation for loss of enjoyment of life seeks to acknowledge the limitations placed on your lifestyle and inability to partake in activities that once brought you joy and fulfillment.
Wrongful Death Damages in Fatal Defective Product Cases
In a fatal defective medical device case, wrongful death damages are sought to compensate the survivors and the estate of the deceased. A wrongful death lawyer can help you recover:
- Funeral and burial expenses: Costs associated with funeral services and burial or cremation.
- Loss of financial support: Compensation for the financial contributions the deceased would have provided to their dependents.
- Loss of consortium: Compensation for the loss of companionship, support, and relationship to the surviving spouse, children, or parents.
- Emotional distress: Compensation for the mental anguish and emotional suffering experienced by the survivors due to the loss of their loved one.
- Medical expenses incurred prior to death: Reimbursement for any medical costs related to the defective device that were incurred before the deceased passed away.
According to Texas Civil Practice and Remedies Code § 16.003, you generally only have two years to file both a wrongful death lawsuit and a personal injury lawsuit. Don’t wait to get started on your case.
Call Our Law Firm Today to Find Out What Damages You’re Entitled to in Your Product Liability Claim
If you or someone you love was injured because of a defective device, our medical device attorneys will manage your case. We will determine who is liable for compensating you and seek the compensation you need.
Call us today for guidance on your medical device claim. One of our team members can take your call 24/7 and provide a free initial consultation.
