Wright Hip Replacement Lawsuit
Learn More About a Wright Hip Replacement Lawsuit
It may seem unbelievable, but over ninety percent of all patients who use the benefits of a hip replacement surgery find that they are not eligible to receive compensation due to the No-Fee Promise. The term “No Fee” means that if you agree to have a hip replacement, you will not have to pay anything towards the cost of the surgery. However, in many cases this is simply not the case and, in fact, the majority of cases are won by the plaintiffs! Why is this?
Wright Hip Replacement Lawsuit
Well, it turns out that in order for a plaintiff to win their case, they must establish that they actually suffered some form of harm as a result of their hip replacement operation. Most people who have experienced an incision or other sort of trauma as a result of their hip replacement never seek any type of monetary compensation as their insurance company will not cover the cost of the operation. Additionally, there are often many serious complications that develop during the course of the procedure and, in many cases, the only true way of recouping any financial loss from a replacement is through a class action lawsuit. Such lawsuits are held within the state and Federal courts and are designed to help individuals who suffer injuries as a direct result of another person’s negligence. Class action lawsuits have been known to lead to huge financial awards of thousands of dollars per victim, and with a case of this kind, you need to have very solid proof of damage.
But how do these lawsuits work and what is the difference between a contingency fee and a no win no fee?
The concept behind a contingency fee is simple enough. If you lose your lawsuit and the insurance company successfully appeals the denial of reimbursement, you will be required to pay a contingency fee. This is essentially the group of funds that you would expect to be paid out by the winning party in the event of a loss, so it is a reasonable expectation that the winning party would pay a certain amount of money in exchange for the rights to bring a lawsuit against the negligent party. Even in the unlikely event of a successful appeal, however, you will still likely need to pay some fees in order to retain the rights to bring the case forward.
However, there are certain aspects to filing a Washington hip replacement lawsuit that are different than those associated with most other types of personal injury claims.
These include both the statutory damages that are recovered and the statute of limitations that applies to these types of injuries. For instance, even though Washington allows recovery for both physical and financial losses, it has mandated that limitations begin to apply after two years from the date of the incident. The same is true of medical expenses and lost wages. Additionally, even though most medical malpractice lawsuits are resolved rather quickly, a Washington state court has allowed personal injury plaintiffs to recover additional compensation up to one year following the date of the injury.
A question that often arises is how much compensation can you recover for complications resulting from using defective hip replacement devices in Washington.
Well, the answer depends on several factors. First, while there is no cap on damages in Washington, the amount recovered in a Washington hip replacement lawsuit will still be tied to the severity of the complication and the time during which the complication developed. Therefore, if the complication developed during the six months immediately following the use of the device, and it required months to bring it under control, you may be able to recover more money. On the other hand, if the complication developed later, even within six months of the device’s use, you may be unable to recover any damages whatsoever. Also, the courts in Washington have discretion as to the amount of compensation to be paid.
Even though many people are aware of the potential for receiving compensation for hip replacements related complications, the actual ability to receive damages is often a much more complex matter.
Because hip replacements carry a much higher risk of complications than do normal surgeries, insurance companies are not likely to provide a large sum of money to patients. Furthermore, since hip replacements are considered to be elective procedures, patients are not even guaranteed that their compensation will cover the cost of the surgery itself, and they must pay for this themselves. This means that unless your health insurance covers the costs of the hip implants themselves, you will not be able to gain access to the benefits of a Washington hip replacement lawsuit.
If a patient suffers from complications after their hip replacement surgery, or even if they do not, it is possible that the underlying issues could be covered under your medical insurance. However, you should contact your health insurance provider or an expert in the field to determine the exact extent of your injuries. Most health insurance plans will cover any complications that occur with the surgery itself, such as dislocated bones, infections, and other similar problems. Unfortunately, in Washington, doctors are not always adequately trained in the proper care of metal implants, so sometimes metal links can become a problem during surgery. In these cases, it may become necessary to file a Washington malpractice claim, since a metal implant can actually cause permanent nerve damage or paralysis in the patient.
A separate type of Washington malpractice law suit, known as a “class action lawsuit,” is available to patients who have been harmed due to defective or dangerous medical devices. Class action lawsuits allow groups of people to band together and sue together against corporations, suppliers, and doctors for negligence. If you have been injured due to a defective device and are a Washington resident, it is very likely that you can receive compensation for your injuries through one of these class action lawsuits. Your lawyer will explain the entire process of how these suits work and how they are usually handled by the court system in your state.