If you recover from your hernia mesh surgery with no ongoing symptoms then you may receive compensation in the region of $6,000. Damage leading to permanent ongoing symptoms could see you receive double that figure while permanent disability could be in the region of over $20,000.
But it's important to remember that these are just ballpark figures and truthfully, there is never a straightforward answer when it comes to hernia compensation amounts. There have been high-profile million-dollar cases in the news when it comes to settlement figures, but not every case is the same and the figures can vary depending on each case.
Financial losses and expenses need to be considered, as do things like your symptoms, the type of mesh used and more. So, it’s not as simple as searching for an average figure on a search engine as your injury could be very different and will result in an entirely different settlement value.
What to Consider with Hernia Compensation Amounts
Numerous factors must be considered when you look to accept a compensation settlement figure. By looking at the following factors, you’ll be in a better position to determine whether a proposed hernia mesh settlement is a good figure or whether you’re entitled to a much higher amount.
- Amount of medical bills, prescription expenses and other medical expenses you’ve incurred.
- Amount lost in salary, diminished working capacity and loss of past and future income.
- The amount and duration of pain and suffering.
- The number of follow-up surgeries.
- Past, present and future medical expenses.
- The likelihood of getting a fair trial with the judge in charge of the mesh lawsuit litigation.
- The outcome of prior trials against the same defendant and how many claims they have pending against them.
- How likely it is to prove causation of symptoms to the defective hernia mesh.
- The extent of your symptoms, complications and side effects of the hernia mesh procedure.
- What other mesh lawsuit victims have been receiving in the same year.
- If the particular mesh manufacturer paid out compensation settlements in the past.
To determine a fair hernia mesh compensation offer, the issues mentioned above all need to be considered when analyzing a settlement figure. However, they’re not the only factors that need to be considered as you’d also need to understand the types of damages that are available to you.
Compensatory damages: Compensation here is intended to reimburse you for hospital and medical expenses, lost income as well as future lost earning potential.
Pain and suffering: Physical pain resulting from the injury. This includes pains, aches, scarring, severe discomfort and limitations on your day-to-day activities.
Loss of consortium: You can even claim for compensation if you're deprived of the love, affection and comfort of your normal family relationship due to your or your partner’s injury.
Punitive damages: Punitive damages are intended to punish defendants if it’s determined that they acted recklessly with behaviour that intentionally caused you harm.
To put this into perspective, if you have a serious case to file a claim for all of the above, then your compensation figure will evidently be much higher. This is compared to only filing for one type of damage. Again, this shows how each case and the compensation amount can differ.
In order to further determine the potential value of your hernia mesh compensation amount, you’ll need to evaluate the following elements, too.
Type of mesh used: You’ll need to contact a healthcare professional to determine whether the mesh that was used in your procedure was recalled by the FDA or not.
Severity of injuries suffered: Defective mesh devices can cause serious injuries that can diminish the quality of your life. When assessing the value of a claim, this is a crucial factor that can determine how low or high your compensation amount could be. Multiple surgeries, prolonged hospital stays and permanent damage will result in higher payouts while less severe outcomes will result in lower payouts.
Amount of medical bills: You’ll need to analyze how much money you have paid on doctor’s visits, test, medications, surgeries and more. The higher the value, the more compensation you could be entitled to.
How your life has been impacted: The more significant the impact a hernia mesh surgery has had on your life and ability to work, the higher the compensation amount could be.
Loss of earnings: The amount you have lost through income will also factor into a compensation amount. If you’re unable to work for a long period of time and are losing out on more income, the more compensation you could be entitled to.
Seek an Experienced Hernia Mesh Attorney
As you can tell by all of the above, getting the lawsuit process started is not only difficult but your chances of receiving the compensation amount you deserve are significantly decreased if this battle is fought alone. That’s why it’s more beneficial to get in touch with a personal injury attorney who is experienced in hernia mesh cases with a proven track record.
It can take several years for a compensation amount to be agreed, so trying to stay on top of everything can be a burden. However, handing this burden over to an attorney can make the process less stressful for you.
By directing queries to your hernia mesh attorney, they’ll know the amount you deserve based on the severity of your injuries, complications and other damages you suffered. Not only that, but they’ll also negotiate with them to ensure you get the right compensation rather than you trying to do it all by yourself.
To further increase your chances of getting a successful hernia mesh lawsuit and compensation you deserve, take some time to do your research and find a lawyer who meets your needs, obtain your medical records and then take over the entire process.
Contact an Experienced Hernia Mesh Lawyer Today
At Coxwell & Associates, our team of attorneys are offering legal advice to hernia mesh sufferers and we can help you build a strong case against the manufacturers.
We have been representing Mississippians with their legal troubles for over 35 years. Our team of qualified attorneys are experienced in personal injury cases, including hernia mesh procedures, and can help you claim compensation for your injuries. We offer free case consultations so speak to our team today.
Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.