Medical devices are a vital part of our healthcare system, but they can also be dangerous. If a defective medical device has injured you or a loved one, you may be wondering how to file a lawsuit. Below, we’ll walk you through the process of filing a lawsuit on defective medical devices.
Find a Lawyer
These cases are complex, so you’ll need to find a lawyer specializing in defective medical device cases. Your lawyer will be able to help you navigate the legal process and build a strong case. Let the lawyer know everything about your case, including when the injury occurred and what medical treatment you’ve received.
Inform them of your intent to file a lawsuit and ask if they would be able to represent you. If they agree to take on your case, they will likely ask for a retainer fee. You pay this fee upfront, which the lawyer will use to cover their costs. Florida, in particular, is a great place to find these lawyers as the state has a history of large settlements in similar cases. Tampa Bay injury attorneys are familiar with these cases and have a lot of experience winning them.
Gathering Evidence and Determining Eligibility
Your lawyer will then begin gathering evidence to support your case. This may include medical records, bills, and testimony from experts. Once they have gathered enough evidence, they will determine whether you are eligible to file a lawsuit.
To determine whether you are eligible, your lawyer will need to know the type of device used, when the injury occurred, and whether the device was recalled. If your lawyer determines that you are eligible to file a lawsuit, they will begin preparing your case.
File a Complaint
Your lawyer will file a complaint with the court. This document will outline your legal claim against the device manufacturer. It’s important to be as detailed as possible in your complaint. Include everything from the date of injury to the medical treatment you’ve received.
The court will then serve the defendants with a copy of the complaint. The defendants have a certain amount of time to respond to the complaint. Be sure to stay in touch with your lawyer to know how the case is progressing.
Prepare for Trial
Once the defendants have responded to the complaint, your lawyer will begin preparing for trial. This includes gathering evidence, interviewing witnesses, and deposing the defendants. Deposing the defendants means that your lawyer will question them under oath about the case.
Your lawyer will also file motions with the court. The legal documents used ask the court to take a certain action, such as allowing testimony from an expert witness.
The trial itself will be held in front of a judge or jury. You and your lawyer will present your case, and the jury will decide whether or not the defendants are liable. If they find the defendants liable, they will award you damages. These can include medical expenses, lost wages, and pain and suffering.
Filing a lawsuit on defective medical devices can be complex and time-consuming. But if a defective medical device has injured you or a loved one, it’s important to understand your legal options. With the help of a qualified lawyer, you can get the compensation you deserve.