You have two legal options that can help you address the negative health consequences produced by the insulating foam inside a CPAP machine. Filing an individual lawsuit is one option, while joining a class-action lawsuit against the manufacturer of the CPAP machine represents the second legal option.
Regardless of which option you choose, you should follow similar steps in the CPAP machine lawsuit process.
Schedule a Free Case Evaluation
The first step in the CPAP civil lawsuit process involves scheduling a free case evaluation with one of the highly-rated product liability lawyers at Morgan and Morgan. A free case evaluation allows the attorney to examine the evidence, as well as receive the contact information for witnesses. The lawyer also determines whether you should join a class action lawsuit or seek individual monetary damages by filing a civil lawsuit against the manufacturer of the CPAP machine.
During a free case evaluation, you have the opportunity to ask questions. Prepare a list of questions before the free case evaluation, as well as be ready to answer the questions posed by the product liability attorney assigned to your case by Morgan and Morgan.
Submit the Proper Legal Documents Before the Deadline
Hiring a state-licensed product liability from Morgan and Morgan delivers several benefits, one of which is to ensure you submit the right legal documents before the expiration of the statute of limitations. Each state has established a deadline for the filing of legal documents to initiate a civil lawsuit. Most states have established a statute of limitations ranging between two and four years.
If you fail to meet the deadline for filing the proper documents to initiate a civil lawsuit, the court clerk processing your case will remove it from the judicial docket.
Gather and Organize Evidence
Collecting evidence is an ongoing process that includes the results of diagnostic tests, research results about the potential harm of CPAP machine foam, and a detailed explanation by your healthcare provider that describes the source of your negative medical condition. Evidence also includes the statements provided by witnesses, with many of the witnesses members of the healthcare industry. If you develop cancer symptoms shortly after using a CPAP machine, your oncologist should submit a formal statement that links the use of a CPAP machine with your cancer symptoms.
Discovery represents the phase of the litigation process in which both parties exchange information. Your lawyer exchanges the evidence gathered with any additional evidence collected by the other party’s attorney. Another important type of information to share is the accounts submitted by witnesses, as well as the statements provided by experts in the healthcare industry. During the discovery phase, both parties have the opportunity to negotiate a settlement based on the exchange of information.
Negotiate a Settlement
Your lawyer can attempt to negotiate a settlement at any time during the litigation process. However, discovery represents the most frequent stage of the litigation process when both parties try to work out a favorable deal. Your product liability lawyer submits an offer based on the calculations made for both economic and non-economic damages. The other party’s attorney can either accept, reject, or submit a counteroffer to the initial offer presented by your legal counsel. You might go through several rounds of counteroffers before both parties either accept a settlement or decide to take the case to trial.
Representation at Trial
If your case goes to trial, getting the legal support of a highly-skilled product liability attorney is a crucial element for you to win your case. Your lawyer prepares you to answer the likely questions asked by the other party’s litigator. The judge or jury hearing your case must decide whether the defendant is legally liable for the development of your negative medical condition. If you receive a favorable ruling, the judge or jury awards monetary damages that include punitive damages if the other party committed one or more acts of negligence. You have the right to appeal the decision issued by the judge or jury if your lawyer determines you deserve more compensation.