Will My Hernia Mesh Case Settle?

From statistics, most of the personal injury cases settle way before trial.

If your hernia mesh device implantation procedure failed, you might be wondering how to go about seeking compensation. One way to ensure you get recovery of your losses would be to negotiate for a settlement or head to court.

A significant percentage of defective surgical mesh or negligence cases have settled from past outcomes of personal injury cases. Also, your hernia mesh case has a probability of settling, if the right strategy for negotiation is followed.

Why Your Hernia Mesh Case May Settle

Litigation is a challenging process for the plaintiff and defendant. Thus, many parties choose to negotiate and have the case settled. However, even though this seems to be a straightforward process, this is not the case in all circumstances.  

If you have suffered significant injuries and believe such is to have a greater award, settling would probably not be the best idea. Where there are severe complications, the other party (defendant) may be unwilling to cooperate, which may push you to file a lawsuit.

All in all, keeping in mind that most cases settle, you only need to have the right legal advice from a personal injury attorney in Alaska. Such a lawyer can advise you when it’s at stake to negotiate your hernia mesh case.

You should contemplate settling while keeping the below in mind:

• That the defendant (manufacturer of a defective product or surgeon’s negligence) will send you an offer.

• You, as the plaintiff, have to accept or reject the offer to release such a defendant from future liability. If in acceptance, you will sign a release form. This calls for having tips for negotiating with the insurance adjuster. Having a lawyer makes you learn the tactics of having the best settlement for your hernia case in such a situation.

Why it’s easy for hernia mesh cases to settle is because each party doesn’t want surprises that come with court judgments. You may lose and had a good chance to receive a settlement. But, conversely, the defendant may be forced to pay more than what they would pay if they were to settle. Another issue is that both of you will save time and resources, not forgetting the stressful process of hiring medical experts, cost of dispositions, court fees, etc.

If you choose to settle, your case takes less time. This if you have the proper documentation and have everything organized to prove the defendant was liable. When this is in place, the adjuster will make an offer to end the process. Still, you don’t have to accept any offer from the insurance adjuster. According to Nolo, the process becomes fruitful if you counter the first offer and issue a higher figure that what has been offered. Generally speaking, this is to send a message to the adjuster that you know your case worth. Then, with a few phone calls, the settlement you deserve may be offered.

Even if you decide to file a hernia mesh lawsuit, keep in mind that your case may settle during the settlement process.  

What Will Be My Settlement Amount?

Hernia mesh cases are different. Meaning, your lawyer cannot place any exact dollar amount on your case. However, there are many issues to consider when coming up with the amount. Some of these include:

• How the hernia mesh device affected you. This is related to the nature and extent of injuries or complications you developed after the surgery.

• Evidence provided. You should have accurate evidence to prove your injuries. Your treating doctor can produce such evidence. Remember that the insurance adjuster has to request for your medical records. Your lawyer can assist you in getting all relevant medical documentation related to your injuries. In some situations, the adjuster may also be interested in conducting an Independent Medical Examination (IME).

• Losses Incurred. There are many losses you will have incurred after the failed procedure. These may include current medical expenses and any other related future costs such as hospitalization, prescription drugs. Also, you will have lost income as your job will be impacted as you recover from hernia mesh complications. No forgetting pain and suffering related to actual injuries and mental distress. You have to add up special and general damages to come up with the exact figure of what you have incurred.

Once you agree on a certain amount, the defendant will offer a check. One thing is that he/she will not admit any liability to maintain the public image.

If you are in a fix wondering whether to settle or file a hernia mesh lawsuit, you can choose to have a stress-free process by retaining an experienced personal injury lawyer to handle your case.  Such a lawyer will help you learn more about the best strategy for seeking a favorable hernia mesh settlement.