What is the role of the insurance company in a medical device injury case?
In a medical device injury case in Pennsylvania, the role of the insurance company can be complicated. Generally, the insurance company does not have a direct role in the medical device injury case as the case does not involve insurance coverage. However, the insurance company may need to be consulted if the medical device injury claim is being made against an insured party. In Pennsylvania, medical device injury cases can only be brought against a manufacturer or seller of the product, so the insurance company would need to be consulted. The insurance company may also provide financial assistance to the plaintiff in a medical device injury case. Depending on the insurance policy, the insurer may cover some of the costs associated with the case, such as medical bills or legal fees. This is usually based upon a provision in the insurance policy that states that the insurance company will cover any necessary costs if the insured is “legally liable” for a resulting injury. Finally, the insurance company may provide a monetary award to the plaintiff if the insured party is found liable for the injury. This award is known as a “settlement,” and it allows the plaintiff to recoup lost wages, medical expenses, and other costs associated with the injury. In Pennsylvania, settlements are typically negotiated between the plaintiff and the insurance company of the liable party, so the insurance company may be an important factor in the outcome of the case.
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