Legal Question in Personal Injury in Alabama

Re: Medical device broke

Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, the damages, the credibility of all parties and witnesses, and the testimony at deposition or trial.

Many clients ask what their case is worth. There are only two groups of people who can answer that question: 1) the person writing the check, or 2) the twelve people sitting in the jury box.

With this type of case, an attorney would look at the liability of the manufacturer of the implant, the potential location of the case, and your damages which would include medical bills (or the health insurer's subrogation claim), lost wages, pain and suffering, mental anguish and emotional distress, and whether there is any permanent injury. If you are 40 years old, you will have approximately 35 years to live with this injury. What would be reasonable compensation for that alone? Will you have future lost wages? Are you on disability now? These are all questions which need to be answered.

Finally, if the case is taken to court, you WILL have to have an expert to testify that the implant was defective. Do you still have the implant? If not, you cannot prove the product case.

I hope this helps you somewhat. If you have any further questions, you may e-mail us at [email protected].

Re: Medical device broke

That is not an "easy" question to answer. Of course the insurance company is asking that you make a "reasonable offer" although what you think is reasonable is usually extreme to them.

There is a lot of things to consider: (1) the cost of the surgery itself; (2) any pain and suffering that you endured or are enduring today; (3) how does this device break affect your long term prognosis, your physical abilities, and your mental health (pain); (4) the likelihood or potential that the new device will also prove to be defective, etc. etc. IT ALSO MAKES A DIFFERENCE WHERE THE VENUE or COUNTY is that the lawsuit would be filed in!!!!

A lot of times getting the most money out of any insurance company also comes down to (1) whether you are negotiating yourself and/or (2) whether the law firm you are using has "bloodied" the insurance company before in litigation. Insurance companies DO keep a record of who's who when they make settlement offers.

Here is a real example of the difference an attorney can make. A lady had a car wreck and was offered $30,000 from the insurance company. She hired a lawyer who charged her 1/3 for attorney fees and he was able to settle her case for $300,000.

I wouldn't suggest that you handle your case yourself. I do not handle medical device defective products (because that is what you have) but I will give you the name and phone number of a firm that does quite well in this field if you like.

Randal Ford 205.752.4440

Re: Medical device broke

Randall is right! While insurance companies may purport to have your best interest in mind, there primary goal is to resolve the situation as quickly and as CHEAPLY as possible. There are a lot of things to consider when you talk about "reasonable" compensation - medical bills, pain & suffering, lost income, loss of consortium, etc., etc. Your best bet would be to contact an attorney who can negotiate on your behalf. In a situation like this, you may need the help of a medical expert and/or spinal implant expert - something an attorney can help you with and something that may add value to your case. Feel free to give me a call if you plan to contact an attorney. Again, you don't have to, but it would probably be in your best interest financially. Good luck!!