Medical lawsuits are complicated to handle and win; multiple factors can make or break a case. Since these lawsuits are settled with money, the tiniest of miscalculation from the attorney and your lawsuit will be thrown out of the window.
A hernia mesh suit is no different; your attorney might take his time in coming up with a figure that fairly compensates for all the problems you faced after the surgery. The following factors can contribute to determining fair compensation for the patient.
- Medical Cost:
A good way to start estimating is to look at the medical expenses incurred after the procedure. Hernia mesh failure can result in complications that require further medical attention, which can go on for years. If a complication does occur and you are receiving medical care, it would be a good idea to keep all the receipts. A good attorney will ask for receipts or payment records starting from the day of the infection to the expected time it would cure. This would give him/her a good estimate of all the expenses paid.
- Loss of income:
Loss of income is the driving factor in most medical-related lawsuits. A hernia is a complication that can completely immobilize a patient with pain, and hernia mesh infections have the same side effects. You can be given paid leaves for the original procedure, but complications thereafter are not recognized by companies, resulting in loss or diminished income. When filing a lawsuit, always mention this critical factor to the attorney. These guys are experts at their jobs and know ways to get fair compensation for their clients. Any loss of income occurring due to a medical procedure forms an integral part of the lawsuit, be sure to include them.
- Personal Cost:
The attorneys can accurately calculate a medical lawsuit through medical cost and loss of income, but a good attorney will always make it a point to include personal cost. While monetary damages are easy to compensate, asking for compensation for the patient’s pain is equally important. A patient, along with physical pain, might suffer from the emotional trauma that comes with it. This might also result in fracturing relations with loved ones and friends. An attorney who has experience in these cases will always ask you about the personal cost to make the case stronger.
- Fair Compensation:
There are thousands of cases that are still waiting for a result. Most of these cases are pending due to the attorney’s miscalculations and demanding extra money. When filing a lawsuit, always keep the damages to a reasonable amount so that the case reaches a verdict quickly. Besides, it’s a legal obligation on your and the attorney’s part to ask for fair compensation. If you go above and beyond with your claims, you will end up losing your ground altogether.
Hernia mesh lawsuits are fairly common; that’s why they can take years to settle. But if an expert attorney has accurately calculated your claim, it can significantly speed up the process.