Generally speaking, if you’re suffering from health complications as a result of a hernia mesh surgery, then you may consider filing a lawsuit against the manufacturer if the problems were due to a defective mesh device or against the doctor who performed the procedure due to medical malpractice. However, just like other civil cases, navigating a hernia mesh lawsuit can be an overwhelming undertaking. It’s a notoriously complicated legal matter that involves several distinct stages and takes more time before it can be resolved in court. Due to these circumstances, many victims consider entering into a settlement with the adverse party. They believe that settling can save them a lot of time, money, and other resources since they may not know how long a hernia mesh lawsuit will take before it can be resolved. But in order to make sure you’re making the right decision, below are the three things to ask before settling a hernia mesh lawsuit:
- Whether You Get Fair Compensation For Your Losses
Again, regardless of whether you’re filing a hernia mesh lawsuit due to product liability or medical malpractice, this kind of case can be complex and confusing. This can be because of the rules to follow at the outset, including the statutes of limitations and other procedural requirements.
However, those things shouldn’t be your reasons for opting to settle the lawsuit out of court. You should ask whether you’ll receive fair compensation for the losses you suffered as a result of the surgery. This is especially crucial to do if the following things should be taken into consideration:
- The amount of lost wages and lost working capacity
- The number of revision surgeries required to treat the complications
- Past, present, and future medical expenses, including pain and suffering
- The extent of the complications and side effects
As you can see, many things are at stake when you decide to settle your lawsuit. Because of this, it may be best to consult a Michigan hernia mesh attorney so you’ll have a better understanding of what may constitute a fair settlement and the potential consequences of refusing one. Remember: once you decide to settle and accept the offer, there’s no going back and asking for more money, even if you end up having more serious injuries.
- Whether Your Hernia Mesh Lawsuit In Court Is Strong
In addition to the amount of settlement, it’s essential to ask whether you have a strong case in court. While the lawsuit can be complicated, proceeding with the litigation may allow you to receive a higher amount of compensation that what you can receive in a settlement.
However, this outcome may still depend on whether you can clearly establish the liability of the mesh device manufacturer in a product liability case or the negligent behavior of the doctor who conducted the surgery in a medical malpractice case.
Thus, if you’ll able to prove the causation of your surgery complications to the defective product or the surgeon’s negligence by presenting solid evidence, pursuing a full trial on the merits may be the best option. But if you think you can’t substantiate your claim, then settling a lawsuit in an out-of-court settlement may be the perfect course of action.
- Whether There Is A Potential Legal Issue That Will Preclude Any Compensation
This question can be a real concern since there are instances wherein the unique circumstances of your case and the diligent efforts by the adverse party may prevent you from getting the true value of your claim. For example, if you want to file hernia mesh lawsuit, there’s a statute of limitations you need to follow to avoid getting your case dismissed due to technicalities. So if you feel like you can’t efficiently adhere to the statute of limitations, it’s best to settle the lawsuit than go to trial.
Moreover, it’s important to consider the defendant’s ability to hire experts who can refute your claim of liability against them. This is especially true if you’re bringing the case in court due to product liability. Most mesh device manufacturers are big companies capable of doing everything just to avoid a judgment against them and the payment of damages to the victims. For this reason, it may be a good option to settle the lawsuit than end up getting nothing after the case is resolved by the judge.
But if you believe you have the necessary pieces of evidence that’ll support your claim, you may opt to continue the trial by hiring a good lawyer for assistance. Make sure the one you hire is ready to fight for your cause and will do their best to win the case and obtain the compensation you deserve.
The Bottom Line
Indeed, the decision to settle a hernia mesh lawsuit isn’t an easy one. Even with a single wrong move, you may lose your chance to recover the true value of your claim. Therefore, it’s best to keep the questions mentioned above in mind so you’ll know which route you should take. To help you with this stressful process, it’s important to have a lawyer by your side to evaluate the situation and stop you from settling a lawsuit too quickly.