If you’re looking for a defective medical device lawyer, it is likely because you or a loved one has suffered an injury or medical complication from a faulty device. An attorney can help you in obtaining compensation for your injuries.
Your opportunity to recover compensation for your defective medical device injuries is too important to entrust to an unqualified attorney. By looking for the following seven characteristics, you can ensure you choose a defective medical device attorney who can best protect your interests.
Qualifications and Experience
First, look for an attorney who has previously handled product claims and product liability cases. You do not want your claim to be the first product liability case they have taken. Similarly, it’s best not to hire an attorney who only occasionally handles these types of claims.
Understanding of Medical Device Cases
These claims can be especially complicated, both substantively and procedurally. The evidence that is needed to support a claim may not be easy to obtain and can be difficult to understand.
Additionally, unique authorities are at play in defective medical device cases. These include regulations issued by the Food and Drug Administration (FDA) and various standards and best practices. Having a product liability lawyer who understands the nuances of these regulations and how they can affect your claim is vital.
Resources and Network
You will also want to consider the resources available to the defective medical device lawyer you are considering. A defective medical device claim often requires one or more medical professionals and the financial resources to sustain a prolonged investigation and litigation. Collaborative relationships with investigative agencies are also key.
If the attorney you are considering does not have these resources in place, it can be difficult for them to secure the outcome you need.
Another characteristic you should look for in your product liability attorney is whether they take the time to understand your needs, goals, and concerns. Your attorney should get to know you and involve you in the important decisions of the case.
Every case is different, and your lawyer will only know the best outcome for you by focusing on you throughout your case.
Negotiation and Trial Skills
Some defective medical device claims can be resolved through a favorable settlement agreement. Other cases must be taken to trial so you can get a fair resolution. Negotiating a favorable settlement and prevailing at trial are two distinct outcomes requiring two different skill sets. Your attorney should have both.
Settlements are often attractive to clients because they offer compensation quickly and do not involve the risks of trial. But if your attorney lacks strong negotiating skills, you could be left with a settlement that does not address your needs well enough.
On the other hand, if your lawyer lacks trial skills, they may hesitate to take your case to trial when necessary.
Transparent Fee Structure
Consider selecting a qualified defective medical device lawyer who charges on a contingency fee basis. This way, you do not owe any attorney fees up front, and you also won’t owe the attorney anything for their services if they do not get you compensation.
Make sure you understand and feel comfortable with the amount of any award they do obtain in a contingency fee arrangement.
Client Testimonials and References
It’s also important to know the reputation the attorney has among their past clients. Testimonials from other product liability clients can be especially helpful, as they speak to the lawyer’s ability to handle claims similar to yours.
In reviewing these testimonials and speaking to past clients about a particular attorney, pay attention to more than just the outcome of that client’s case. For instance, consider how they were made to feel during the process by the attorney and the law firm’s staff. You deserve to be treated with respect at every stage of your case.
Frequently Asked Questions About Hiring a Defective Medical Device Attorney
Do All Defective Medical Device Lawyers Charge on a Contingency Fee Basis?
No. Attorneys may charge a contingency fee, an hourly fee, or a flat fee to represent clients in defective medical device cases. You will want to ensure you understand what fee arrangement an attorney will use before you hire them.
Why Does My Lawyer Need Negotiation Skills and Trial Skills?
It may seem unnecessary to seek an attorney with both negotiation and trial skills, especially if you are hoping for a settlement. However, while settlements are common, they are not guaranteed. You do not want to switch attorneys in the middle of your claim because the settlement you hoped for did not materialize.
Do I Need a Product Liability Attorney or a Defective Medical Device Lawyer?
Claims for defective medical devices are a type of product liability claim.
Claims for defective medical devices involve complicated regulations in addition to product liability laws that some attorneys may not be familiar with.
A Defective Medical Device Lawyer You Can Trust
If you or a loved one suffered harm due to a medical device, Dunn Sheehan is your choice for a caring defective medical device firm that you can trust. We take pride in treating our clients with dignity and compassion throughout their claims while delivering exceptional results—both in and out of the courtroom.
Learn more about how Dunn Sheehan can help you with your medical device claim today.