What is the process for negotiating a medical device injury settlement?
The process for negotiating a medical device injury settlement in Washington involves a few steps. First, the injured person must file a claim against the medical device manufacturer and/or distributor. The injured person then hires an attorney to represent them in the case and begin the negotiation process. When negotiating a medical device injury settlement, the attorney for the injured person will work to prove the medical device was defective and caused the injury. This is done by obtaining medical records, expert witness testimony, and other evidence that support the claim. Then, they will use this evidence to negotiate a fair settlement amount with the manufacturer or distributor. During the negotiation process, the attorney and the defendant’s legal counsel will discuss the facts of the case and the potential legal outcomes. The attorney for the injured person will then submit a demand letter to the defendant’s legal counsel outlining the damages sought. At this point, the defendant’s legal counsel may offer a settlement amount. If the amount is insufficient, the attorney for the injured person may counteroffer. This process may continue until both parties agree on a settlement amount. If a settlement is not reached, the case may proceed to a trial, where a judge or jury would decide the case. In Washington, medical device injury settlements are typically reached out of court and agreed upon by both parties.
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