Thanks to advances in technology, medicine has evolved in leaps and bounds, a factor that has greatly improved the quality of healthcare. Today, it is possible to have a hip replacement in case there is damage to your hip joint as a result of arthritis, bone tumors, injuries, fractures or any disease that may cause the bone in this part to die. However, these operations are not without their risks and associated complication. There is also a possibility that things will go wrong during the surgery as a result of negligence. This is why you should be aware of your rights as well as hip replacement lawsuit settlement amounts you may be entitled to.
The severity of the injury
The extent of the injury sustained as a result of a hip replacement surgery will depend on the specific cause of the complication. Some of the common reasons why people sue surgeons and manufacturers of these devices include a buildup of metal particles shed by the device, device loosening leading to bone loss, a device that was marketed as safe while it was not, implants that fail earlier than expected and the failure to warn. It is also normal for people to sue in case they require additional surgeries that they could have avoided.
Future income you will be deprived of
In the event that the complications resulting from medical malpractice make it difficult for you to walk effectively, you may be unable to travel to work. There are also cases where people cannot climb a few stairs or cannot walk on uneven surfaces after the surfaces. In such cases, or where you are deprived of future income as a result of complications, you will be entitled to higher financial compensation or settlement amounts.
The number of children or dependents
Once a case has gone to trial, the court of law will have to take into account the number of children or dependents you have when imposing a ruling. The higher the number of dependents you have, the more you are likely to receive as compensation for injuries sustained and damages suffered. However, the court will have to establish whether you support these children and dependents financially.
Physical or emotional distress
Apart from the physical pain, you undergo and the medical expenses you incur, there is a chance you will also suffer emotional distress. This is also taken into account when calculating the amount of settlement you will receive. Since placing a monetary value on emotional distress will not be easy, you should hire an experienced lawyer about your situation.
In order to arrive at fair hip replacement lawsuit settlement amounts, the injury victim and defendant should consider working together to negotiate a mutually agreeable sum. It is only after negotiations fail that the parties are advised to go to trial.