“How much money will I get for my hernia mesh lawsuit?” Many considerations go into answering that question. To value mesh claims, medical device product manufacturers like Bard, Ethicon, and Johnson & Johnson evaluate certain details. Manufactures analyze the medical and legal case against them. This summary provides several factors analyzed to decide how much money to pay to settle a hernia mesh lawsuit.
HOW MUCH MONEY FOR MY HERNIA MESH LAWSUIT?
The settlement value of a hernia mesh lawsuit depends on evaluating three legal issues: liability, causation, and damages. Through litigation, this information is exchanged, and the judge will make legal rulings that impact the value of the various hernia mesh claims. Not all hernia mesh claims are the same.
LIABILITY IMPACTS HERNIA MESH SETTLEMENTS
Liability is the legal extent to which the defendant is obligated to pay damages. The better the liability case, the more defendants should pay to settle. Hernia mesh lawyers evaluate the strength and weakness of liability based on the law and evidence. Although some states have different legal standards, usually product liability law provides manufactures are liable for product defects and failure to warn about potential adverse effects caused by their products. The value of any potential settlement or verdict increases with the strength of the evidence showing product defects or failure to warn the public.
CAUSATION INFLUENCES AMOUNT PAID TO SETTLE HERNIA MESH LAWSUITS
Causation concerns whether the liable conduct, and not something unrelated, caused the injury. This often requires scrutinizing evidence in the form medical records and testimony. For example, the explanting physician may testify that the mesh was causing pain by eroding into other organs or impacting nerves. The mesh manufacturer may defend this by pointing to medical reports showing unrelated medical issues or hiring an expert physician to testify against the treating doctor. The value of hernia mesh lawsuits increases when physicians give strong testimony favoring the injured patient.
DAMAGES DRIVES HERNIA MESH LAWSUIT SETTLEMENT VALUE
Damages concern the how much the defendant may be legally may be legally liable to pay for the harm caused by their liability. This relates to monetary compensation for injuries. In hernia mesh lawsuit the damages are medical expenses, loss of income, physical and mental pain, and loss of enjoyment of life. Proof of damages come in the form of bills, tax returns, and testimony of witnesses. The higher the monetary damage evidence, the higher the value of the hernia mesh case.
OTHER FACTORS TO VALUE LAWSUIT SETTLEMENTS
In addition to the above, hernia mesh manufacturers consider many other factors that may increase or decrease the value of hernia mesh settlements. One of the biggest factors is whether you have an attorney who understands the value of the claim and is willing to take it to trial. Trials are expensive and risky for defendants. Therefore, you can maximize the amount of money paid in settlement for your hernia mesh lawsuit by hiring a lawyer who understands hernia mesh lawsuits and is ready for trial.
