Our law office speaks with many individuals who have suffered from the implantation of defective medical devices including Zimmer NexGen knee replacements. One of the most common questions asked by clients during consultations with our attorneys is, “what is the value of my case
” or “how much is my case worth
Each case has its own value. The estimated settlement amount of a case is dependent on numerous factors including the severity of the medical complications suffered, future medical and rehabilitation costs, life care costs, pain and suffering, and the availability of punitive damages against at fault parties. This article is written only as a descriptive template of calculations required to determine the estimated value of a case involving defective Zimmer knee replacements.
: To receive a free case value assessment
from a qualified attorney contact our law firm toll free (888) 649-7166
. A detailed case by case analysis by a knowledgeable attorney is necessary to determine an estimate value of a specific case. Feel free to contact our law offices for a free no cost case evaluation, if you or a loved one have any legal questions regarding the filing of a lawsuit for medical complications caused by defective hip replacement implants.
Factors in Determining the Value of Your Case
1. Severity of the Injury
: A calculation for the severity of the injury will likely be based on the medical diagnosis by a trained physician, medical bills, hospitalizations, and necessity for medication and rehabilitation care.
2. Pain and Suffering
: In jurisdictions across the country juries will have to place a monetary value on the pain and suffering a victim of an injury has suffered. Most jurisdictions use a per diem basis to calculate pain and suffering. An example of a per diem calculation is presented below.
- A 64 year old has suffered pain and discomfort due to the implantation of a defective hip approximately 400 days, and is expected to suffer from pain for the rest of her life. According to a vocational expert she is expected to live for another 20 years with permanent pain. The jury places a per day monetary amount of $500 for her pain and suffering. Thus the calculation of would be 400 days plus 20 X 365 days = 7,700 days multiplied by $500 equals $3,850,000.
3. Lost Wages and Loss of Future Income
: Victims defective medical implants have a right to recovery for lost wages as well as loss of future income. A vocational expert will determine the value of lost wages by calculating the days you have missed multiplied by your average salary during those days.
Learn more about your options for compensation by calling (888) 649-7166.
Other Important Factors
- Punitive Damages: Awarded where an individual acts with malice, intent, or reckless disregard for the life and safety of others.
- Cost of Disability Care: In severe case victims of defective medical hip or knee implants will suffer from permanent injuries and disabilities. Such individuals will likely require permanent disability care including nursing and home care, transportation expenses, and rehabilitation which can amount to millions of dollars in lifetime costs.
: For more information regarding Zimmer Knee Implant lawsuits
contact our law offices toll free (888) 649-7166
. All consultations with our attorneys regarding your case are free of charge.