Who’s Liable? The Difference Between A Product Liability Case and Medical Malpractice
Most of us assume that we will be safe when receiving medical care in a hospital. However, contrary to what you might believe, injuries in hospitals are extremely common and can be caused by a variety of circumstances, including defective medical equipment.
After being injured by medical equipment in a hospital, many people choose to file a lawsuit, such as a medical malpractice or product liability claim. Find out whether a product liability claim or a medical malpractice claim is right for your case, and learn when you need help from a product liability attorney.
Proof of Claim
Fortunately, when you’ve been injured by a malfunctioning piece of medical equipment, you don’t need to choose between a product liability claim or medical malpractice claim. With a strong legal basis and the right evidence, you can include both types of claim in your complaint.
However, before filing your claims, you need to be sure that you have the right evidence. Generally, you will need to prove three facts during the course of your lawsuit. The first issue that you will need to prove is that you were actually injured. Next, you must be able to show that the medical device in your case was either manufactured with a defect or that there was a defect in its design. Finally, you will need proof that the medical device caused your injury.
An experienced product liability attorney can help you identify and gather the evidence you will need for your case.
Statute of Limitations
When planning your lawsuit, there are a few issues that you need to keep in mind, particularly how much time you have to file your case. Every state has a statute of limitations for filing a personal injury lawsuit, and you must file your case within this time period if you want any chance at winning compensation. As soon as you know that you wish to bring a lawsuit, it’s a good idea to hire a lawyer to file your claim.
Joining a Civil Case
When a medical device has been produced with a defect, it is likely that the device has injured more than one person. If there have been multiple people injured by the same medical device in your case, you may be able to join an existing class action lawsuit.
Class action lawsuits provide several benefits you won’t receive in an individual case. First, you will be represented by lawyers familiar with suing big companies. Second, you will usually not have to pay any upfront costs. Thirdly, you will not need to deal with complex filing issues like you would in a personal injury suit.
Find a Product Liability Attorney
You deserve compensation after being injured by a medical device, which means you need to file a personal injury lawsuit. The best way to plan your medical malpractice or product liability claim is to hire a product liability attorney from Heuser & Heuser, LLP.
The Heuser & Heuser team can guide you through every step of the personal injury process, from filing your case to gathering evidence. Speak with one of our attorneys today so that we can get started on your claim.
No Fee Unless You Win
Questions Or Schedule A Free Appointment? Click To Call (719) 520-9909
No Fee Unless You Win
Questions or Schedule A free Appointment? Click to Call (719) 520-9909
Frequently Asked Questions
How Do I Know What My Case Is Worth?
There are a variety of things we look at when evaluating your case and determining its value. We look at how the accident occurred. We look at what sort of injuries you sustained. Do you have a permanent injury that will last the rest of your life? Are you going to have future medical bills? We look at lost wages. Did you lose your job? If you have permanent work restrictions as a result of the accident, you may not be able to find a job very easily in the future. These are some of the factors that we look at in evaluating a claim. Every case is unique and different. That’s why at our law firm, every case gets personal attention from the lawyer when it comes time to evaluate.
Why is it Important to Hire a Lawyer?
Insurance companies are in business for a reason: to make money. Anytime they are paying money on a claim, it means less money to their bottom line. They have literally hundreds of adjusters and hundreds of lawyers who are on their side trying to figure out how to prevent money from leaving their checkbooks. Quite frankly, you do need a lawyer to help you through this because your lawyer will make sure you’re properly compensated.
Do Cases Settle Without Going to Court?
Cases settle before going to trial 80 to 90 percent of the time. However, that doesn’t mean there’s not a lot of work involved in getting a case settled outside of court. Sometimes you have to file a lawsuit and do a lot of what I call “legal maneuvering” to get a case settled. That means we take depositions from witnesses to the accident, from police officers, and from your doctors. But, yes, most cases will settle prior to trial.
Do You Get Good Results for Your Clients?
We do get good results for our clients. We have settled hundreds, if not thousands, of cases where we’ve had large settlements. We’ve had substantial verdicts. We go to the mat for our clients if necessary. We’ll appeal cases. We’ll do whatever it takes to make sure our client is taken care of.
See What Our Clients Say
No Fee Unless You Win
Questions Or Schedule A Free Appointment? Click To Call (719) 520-9909
No Fee Unless You Win
Questions or Schedule A free Appointment? Click to Call (719) 520-9909
Our Attorneys
Gordon J. Heuser, Esq.
As a Colorado Springs native, Gordon has been practicing in Southern Colorado for 35+ years.…
Barkley D. Heuser, Esq.
Barkley Heuser is a Colorado native, and has lived in Colorado Springs for over 59…
Brennan D. Heuser, Esq.
Brennan Heuser is a Colorado Native who graduated from the University of Miami, Fl with…
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Want To Learn More About Your Colorado Car Accident Case? Download Our EBook, On Us!
We wanted to find a way to make your car wreck case even easier for you. That is why we wrote this guide that will provide you with the critical information you need to know about your car accident case.
As car accident law professionals, we have seen too many individuals lose out on their maximum owed compensation. Don’t miss out on the settlement you deserve! In this book, you will learn how to:
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