How are costs and fees allocated in a medical device injury case?
In Arizona, the cost and fees associated with a medical device injury case depend on a variety of factors including the type of medical device involved, the severity of the injury, and the type of relief requested. Generally, costs associated with medical device injury cases may include attorney’s fees, expert witness fees, medical care and treatment fees, and court filing fees. If the case is settled out of court, the settlement will include a payment for the medical device injury and any related costs. In some instances, the settlement may also cover attorney’s fees, expert witness fees, and court filing fees. If the case goes to trial, the costs related to the trial proceedings are divided between the parties. This may include paying the opposing side’s legal fees, expert witness fees, and court filing fees. In either scenario, the defendant is typically responsible for most of the costs and fees associated with the case. This means that, even in the event of a settlement, the defendant is usually responsible for paying the attorney’s fees, expert witness fees, medical expenses, and court filing fees. The plaintiff is typically only responsible for paying a portion of the costs, depending on the facts of the case. Ultimately, costs and fees related to a medical device injury case are typically allocated based on negotiations between the parties involved and, in some cases, a court order. The court may also issue an award or damage amount to cover certain costs associated with the medical device injury, depending on the circumstances.
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