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Hip cases are settling. Do I have to take the settlement?

Comments Off on Hip cases are settling. Do I have to take the settlement?

Hi, I’m Stuart Talley of Kershaw|Talley. I am the partner here responsible for the defective hip litigation. The reason we are doing this video today is to provide some information about hip settlements. We’ve settled hundreds of defective hip cases, and a question we always get is whether or not the client has to take a settlement if hip cases are settling.

In these cases, where you have thousands of people impacted by a defective hip, there will generally be a global settlement. A possible settlement works where everybody who had a hip replaced will be offered a certain amount of money which may be adjusted upward or downward depending on individual circumstances. But at some point there will be a settlement. Individuals with these hips should ask themselves whether they want to take that settlement. It’s important to know that whenever you have a case like this, with thousands of individual lawsuits, each individual must make their own decision on taking the settlement or not.

If you have a defective hip, and do not like the terms of the settlement, and don’t believe it sufficiently compensates for your injuries, you do not have to take the settlement. You can tell your attorney that it’s not adequate and that you’re not going to settle the case. Your attorney should continue litigating your case on your behalf and try moving it towards trial, and potentially get you more money.  However, there is a problem of time. Usually, when there are thousands of cases and a settlement is made to everyone who has a case, and you don’t take it, you’re probably going to have to wait a lot longer to have your case settled than if you accept the settlement.  It is important to know the decision is yours.

There are a couple of things to consider which I tell people when they call me. In hip cases, one of the most important things to know when there is a settlement is that you need a lawyer, and you need a lawyer you can trust. You need a lawyer who has experience handling hip cases; not just one or two but hundreds of hip cases. You need a lawyer with a lot of hip cases. If you have a lawyer with only a few cases, and you don’t settle your case, your lawyer will have to expend huge amounts of money litigating your case moving forward. And if they only have one or two cases, it may be difficult to do that from a financial perspective. Whereas, if you have a lawyer with hundreds of hip cases, it’s not that expensive, on a proportional basis, for them to continue litigating cases that don’t settle.

When looking for a lawyer, you want someone you trust and someone who will give you the best information about your individual case.  You want a lawyer who has experience handling hip cases and you want a lawyer who has a lot of them. Many people are concerned about getting lost in the shuffle, or being just a number, if a firm has hundreds of cases. However, the reality is firms who have lots of cases, should be able to get you more money should you decide not to take a settlement.

If you have a metal on metal hip, or any recalled hip, and have concerns or issues about how these cases settle, feel free to give us a call. We give FREE case evaluations, and can answer any questions you may have.

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