If you or a loved one has suffered injury from a defective port catheter, you probably have many questions about how you should proceed. For example, you may wonder if it is worth your time to pursue legal action against the manufacturer or what a reasonable settlement amount is for your injuries. Reaching out to a port catheter attorney will allow you to ask any questions you have and determine if you should take legal action against the manufacturer.
Ask an Attorney: How Much Does a Port Catheter Lawsuit Settlement Pay?
Injury caused by a defective port catheter falls under a category of law called product liability law. Because of the different variables associated with every port catheter case, there is no set amount a victim can expect to receive in compensation.
Consulting a port catheter attorney in Kansas City is the best way to estimate what kind of settlement you can anticipate. Since an experienced product liability lawyer will have been through numerous mass tort claims and lawsuits, they will be well acquainted with how different injuries and outcomes are compensated.
Claiming Damages
Damages are the reimbursement provided to a victim who experienced loss or harm due to the action or inaction of another individual. The person, or in the case of product injury claims, the company who is responsible for the injury the victims sustained must compensate them. When you work with a port catheter attorney, they will help you recover damages for the injuries you or a loved one suffered due to a faulty device.
You can collect economic and non-economic damages by filing a lawsuit against the defective product’s manufacturer as long as you can prove they are liable for the injury. Non-economic and economic damages fall under compensatory damages, which are funds you receive as compensation for an injury caused by another party’s negligence or action.
Economic Damages
Any tangible costs associated with your injury fall under the category of economic losses. Expenses like medical costs from treating the injury, port removal, and missed wages are easy to value. If the injury resulted in the inability to perform responsibilities as you did before, and you had to hire people to perform these tasks, the cost of hiring individuals to complete the tasks also falls under economic damages.
For example, if your injury resulted in you being unable to mow your lawn and you having to hire someone to do it for you, the cost of their service could be included in your settlement. When you are trying to determine if something falls under the category of an economic loss, remember this: economic losses have documentation supporting them, such as pay stubs and medical bills. These losses are more straightforward to prove since the amounts are usually concrete.
Exception:
An exception to the rule that economic damages are concrete would be the loss of future earning potential. Although the loss of future earning capacity falls under the category of economic damage, this harm does not have a concrete amount associated with it since you can’t know what your specific wage would have been. So instead, your lawyer will help you estimate a fair amount to claim.
Non-Economic Damages
Non-economic damages are the compensation that is rewarded for losses that aren’t easy to quantify. While still significant and devastating, these losses don’t come with receipts or medical bills to support them. When claiming non-economic losses, you’ll need a skilled lawyer on your side. They will know a reasonable amount for your losses and help ensure you don’t accept a smaller settlement than is fair.
In addition, they will fight for your rights against the port catheter manufacturer to secure the reimbursement you deserve. Pain and suffering is the legal term for the non-concrete changes the injury has brought to your life, such as mental distress, physical and emotional pain, and unwanted lifestyle changes you’ve made because of the incident. Loss of enjoyment of activities such as favorite hobbies would also fall under this category.
Wrongful Death Lawsuits
Sometimes individuals are unaware that they can seek compensation from a port manufacturer, even if they were not the individual physically harmed by the port. Unfortunately, many injuries caused by faulty catheter ports can be fatal. If your family member died due to a defective device, you could pursue a wrongful death claim against the manufacturer.
Compensation can be sought to reimburse the family member for funeral costs, pain and suffering, and loss of income to the family unit if applicable. While you may not want to think about filing a lawsuit when you are grieving the loss of a loved one, a skilled lawyer will be able to make the process as simple as possible for you and help you receive the compensation you are owed.
Seek Justice With a Port Catheter Attorney
Pursuing justice against a faulty medical product manufacturer is about more than seeking compensation. It also establishes a precedent that the public will not permit poor standards and product testing. One of the best ways to hold manufacturers accountable is to force them to face financial repercussions for their actions.
You deserve compensation for the injuries you experienced due to a defective medical device. Contact a product liability lawyer to help you prove your case and claim the compensation you need to pay for the expenses and losses caused by your injury.
