How Long Will My Hernia Mesh Lawsuit Take?
Are you having health problems because of hernia mesh surgery? Have you required additional surgery to repair damage hernia mesh caused? If so, you may be considering filing a lawsuit against the manufacturer of the hernia mesh, the doctor who treated you, or the hospital. You have probably asked yourself, “how long will a hernia mesh lawsuit take?”
Our lawyers at Alonso Krangle, LLP, are helping victims of hernia mesh complications, file lawsuits. We have experience and skill in negotiating and litigating defective medical device cases. We are not afraid to stand up to the big corporations that make the surgical mesh and hold them accountable for negligence. With our help and some patience, you can be eligible to collect significant compensation for the injuries caused by hernia mesh.
Factors That Affect the Timeline of Hernia Mesh Lawsuits
All personal injury cases proceed in different stages. In medical malpractice and product liability cases, there are many of them. In matters involving hernia mesh, they are also notoriously complicated, which can significantly affect the time it takes to resolve a case.
The critical stages of litigation in most hernia mesh cases include:
- Filing the complaint in court. The victim is now called the Plaintiff. The person or entity you are suing is called the Defendant. In the complaint, you with your hernia mesh lawyer lay out the facts of your case and establish the claims you have against your doctor or the manufacturing company. You also use the complaint to ask the court for the damages you want.
- Filing the answer. The defendant has time to file an answer to the complaint. The answer is a response to the allegations, a defense, or “their side” of the story.
- Discovery. The discovery process involves all parties in the lawsuit. During this process, the parties request and receive information and evidence from each other. This occurs through interrogatories, depositions, and requests for documents.
- Pre-trial motions. Pre-trial motions can be filed and hearings held of any party to the lawsuit. During this stage, someone might try to exclude evidence, disallow testimony, or have certain aspects of the lawsuit dismissed before trial.
- Trial. During the trial, both sides present their evidence. The plaintiff uses evidence and testimony of witnesses to try to convince the jury and/or judge that they received injuries because of defective hernia mesh or malpractice. The defendant attempts to prove that there was no negligence; they did not cause the injuries, or that there was no harm done.
Hernia Mesh Cases Are Complicated and Take Time and Patience to Achieve Success
Whether your hernia mesh case involves medical malpractice or product liability (or both), all of the stages mentioned above can be complicated. Complications can mean delays, while others can accelerate certain aspects of your lawsuit. Some factors that can affect the timetable of your case can include:
- The statute of limitations
- Procedural requirements such as filing pre-trial motions
- Finding expert witnesses such as doctors, scientists, product developers, manufacturers
- Hearing expert testimony from all parties
- Sifting through medical records and other scientific documents or studies
- Researching and investigating
- The flexibility of the court’s calendar
A Fair Settlement Can Shorten Your Timeline
Another factor that can always affect the timeline of your hernia mesh lawsuit is whether the parties can negotiate a settlement. Even if the court does not mandate settlement talks, the plaintiff’s lawyer and the defendant’s lawyer often keep this line of communication open during all phases of litigation.
Your hernia mesh lawsuit can settle at any time if you and the parties that caused your injuries can agree on a settlement amount that fairly compensates you.
Often, as discovery occurs and the trial date nears, the odds of success or failure become evident, and the parties try to reach an agreement that avoids having to receive a verdict from a judge or jury. However, every case is different, and the outcome of one case does not guarantee the outcome of future cases.
How You Exercise Control Over Your Hernia Mesh Timeline
Certain factors in litigation are beyond your control and the control of your lawyer. But, a large part of the process depends on you – your needs, your goals, and your patience. For example, if you receive a settlement offer at the start of discovery for less than what your injuries require, you may want to accept a settlement earlier.
After discussions with your lawyer, however, you may find that you have a good opportunity to obtain a better outcome if you continue with the litigation process and demonstrate how strong your case is. You may choose to push your case farther.
Speaking with Experienced Defective Medical Device Lawyers is Critical
You must speak with our lawyers at Alonso Krangle, LLP, before making any decisions about your hernia mesh lawsuit. We can help guide you through the entire litigation process, always acting with your goals and needs in mind.
We want to ensure that you obtain compensation via litigation or settlement that provides you and your family with what you need to move forward with your lives.
Call our hernia mesh lawyers today at 800-403-6191 for a free case evaluation.