Breast implants may not only provide you with a good-looking figure; it can also lead you to file a defective product lawsuit against the person who implanted them in your breasts.
If you have had this problem after undergoing breast implant surgery and the implants its about time you act on the issue.
Implants, just like any other medical devices inserted into your body can create some side effects. Issues that may arise may not be defined at the beginning. Later on, some of these implanted devices may pose danger to your well-being.
With this in mind, you can check with a lawyer for defective products near you to get insights on how you can file for a claim.
Where to get help
Defective products attorneys can take your case to court and can represent you either in an individual or class action lawsuit.
Individual lawsuits can be filed when there appears to have no record of filing against the manufacturer of your breast implants.
On the other hand, a class action lawsuit can be more effective in pursuing this type of case especially when the defective product is marketed in a wider scale and have injured a good number of people.
In any case, your lawyer may suggest which type of lawsuit fits your case.
How to File for Class Action
Filing for class actions is easy. Use the following as your guide:
1. Get informed about the defective device implanted on your body. You may obtain information from the website where the doctor purchased it. If that device wasn’t bought directly from a manufacturer, ask for the name of the distributor.
2. There has to be a documented proof that you’re using the defective device. This means, you have to show it or carry it with you when talking to your lawyer.
If ever it is still inside your body, a copy of your hospital records is sufficient proof that it is indeed implanted on a part of your body. You can also use your hospital bill where it is specifically itemized.
3. Visit classaction.org, the website that gathers information regarding filed class action lawsuits. There you may find several cases. Keep on browsing to get more information.
4. Search the Web for class actions from lawyers’ websites. There would be some ongoing cases where all you need is to look into the list of devices on the class actions category. Before connecting with a lawyer, request a complaint copy of the lawsuit to know if the class description fits your case.
Take note that there are inclusive dates of manufacture for each class suit. If your case doesn’t fit in, you cannot join that particular class action.
5. Know what opt in and opting out stand for. Most of the class actions belong to the opt out category and there is nothing more for you to do. Opting out means refusing to act. It also means that you are bound by the lawsuit’s results. There is a need for you to contact your lawyer for updates regarding settlement.
Once the case is settled, you could qualify for payment for damages where in such case, you can ask the lead attorney about the settlement portion you are entitled to receive.
Choosing to opt in doesn’t require you to become a member of a class action until the time you have contacted the attorneys or the court. This warrants you to request for a claim form. Fill it out and send it back via certified mail with a request for receipt. Keep the receipt as proof that it was received by the right person.
Choosing an excellent lawyer can enable you to receive suitable compensation for bills you have incurred at a medical facility, other damages, and for lost wages. In cases of death, the bereaved family members can pursue the claim. The claim may cover loss of economic support and funeral cost, as well as other kinds of losses.