What is the process for obtaining a medical device injury settlement?

Obtaining a medical device injury settlement in California is a multi-step process that can take several months or longer. First, the injured party must seek medical care and document the injuries they sustained. This documentation will be important for filing a claim for a medical device injury settlement. Second, the injured party must file a claim with the medical device manufacturer. If a settlement is not reached through negotiations with the manufacturer, the injured party may pursue legal action by filing a complaint in the appropriate court. Third, once the complaint is filed, the court will decide whether to accept the case and if it will proceed to the discovery phase. During the discovery phase, both sides will share evidence and provide testimony to substantiate their claims. This process can take a few months to complete. Fourth, once discovery is complete, both parties may agree to enter a mediation process. At mediation, the two sides will negotiate a settlement. If a settlement is reached, the parties will sign a document outlining the terms of the settlement. Finally, the injured party will have their medical bills and other damages paid out according to the settlement. If the injured party is unhappy with the settlement or it is not accepted by the court, the case may proceed to trial. In either case, the process can take several months or longer before a settlement is obtained.

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