Wednesday, March 30, 2011

Coming Up with an Accurate Estimated Accutane Lawsuit Settlement Amount

Estimating the amount of compensation that could be awarded to an individual in response to an Accutane lawsuit is difficult; some might say impossible. Every Accutane lawsuit is unique; there are no two cases exactly alike. Because of the unique nature of each different lawsuit it’s not surprising that there is no “formula” that will provide prospective Accutane lawsuit plaintiffs with an “expected” monetary outcome.





Predicting the amount of monetary compensation awarded at the conclusion of an Accutane lawsuit is not possible. There are too many variables to be considered. Every lawsuit is a unique presentation of a combination of facts relating to the plaintiffs experience with the drugs as well as the consequences they have endured because of it. But the factors that are considered when deciding upon the final settlement amounts can be identified accurately. They are the different elements and facts that come together to define the plaintiffs experience with Accutane. These factors are taken into consideration alongside the verdicts already handed down on other, similar Accutane settlements. An experienced professional can take all of these elements into consideration and come up with a somewhat accurate estimate for final compensation in an Accutane lawsuit. But while the estimate is as accurate as possible, it carries with it no guarantee of accuracy. Jury verdicts can vary widely even in cases that seem fairly similar. The variable verdicts are not surprising when the variety of side effects are considered: depression, suicide, ulcerative colitis, inflammatory bowel disease and more.
Factors Taken into Consideration when Deciding Upon Settlement Amount:
  • Diagnosis of the plaintiff
  • Out of pocket expenses
  • Extent of suffering/level of pain
  • Loss of earnings/loss of ability to earn a living
  • Severity of health consequences; severity of impact on the individual’s life
  • Medical expenses incurred as a result of Accutane treatment
Every case focuses on a certain set of factors. Every factor may not be a part of every case. In some cases one or two factors may weigh heavily while in other cases all the factors may weigh in equally. The combination of factors and the severity of the factors generating the lawsuit’s unique definition are confused even further by the human aspect that can’t be kept out of the courtroom: jurors, plaintiffs, litigators. All of the individuals involved in the case bring their own “opinions” and “perceptions” to the table as well.

Many find themselves encouraged by the Accutane settlements that have been published in the headlines recently. Seeing significant Accutane settlements awarded to others generates confidence for future case outcomes. For instance, one Accutane plaintiff was recently awarded over $25 million at the conclusion of an appeal. While outcomes like this do not guarantee a positive outcome for future Accutane lawsuits they do pave the way for cases to come.

Predicting the outcome of any Accutane lawsuit is difficult due to the unique nature of every lawsuit in combination with the history of Accutane lawsuits. The most efficient way to come up with the best estimate of potential success from an Accutane suit is to consult an experienced Accutane lawyer.

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