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Modern medical research has led to a wealth of medicines that can help improve health and extend life, but many drugs pose dangers to the user. In these cases, you may be able to obtain compensation by filing a dangerous drug lawsuit.
Dangerous drug lawsuits are filed under strict liability product liability laws which means that the plaintiff does not have to prove that the manufacturer was negligent in the process of testing or manufacturing the drug. Explore the following pages to find out more about filing a claim and locating an attorney. You can also find helpful forms and sources.
Class Actions
Modern medicine has produced a wealth of medications to improve health and prolong life. These drugs can pose serious dangers. If they do, individuals may suffer serious injury or even death. Drug companies must be held liable for these harms, and dangerous drugs Lawyers an experienced dangerous drugs lawyer can help victims obtain compensation.
When a manufacturer puts a drug on the market they must test it thoroughly and ensure that the product is safe for patients. Unfortunately there are many drug makers who do not adhere to this standard, and dozens of dangerous drugs have been approved by the FDA and have resulted in the harm of thousands of people. In some cases, the FDA does not recall these drugs until after people have been injured, or even killed by them.
Dangerous drug lawsuits can be filed in a single instance or into one case involving hundreds or even thousands of plaintiffs. This is referred to as a "class action lawsuit". If a class action is involved, the plaintiffs need to give up some control over their individual claims and let their lawyers to negotiate settlements on their behalf. This process can be complex and lengthy.
The amount of money a person can receive in a dangerous drug case is contingent upon the severity of the injury, the age of the victim and the medical expenses incurred as from the drug. It also varies based on projected income loss as well as projected medical expenses and other aspects. If a lawsuit wins the victims will be able to recover an amount that is fair and adequate to compensate for their expenses.
A good attorney who specializes in dangerous drugs is crucial to the success of the lawsuit. Make sure you choose an attorney who has an excellent track record of representing clients in personal injury lawsuits and other types of legal cases. Ask about the firm's track record in handling these cases and request a list of testimonials.
The attorneys at Berman & Simmons have extensive experience in handling dangerous drugs and other pharmaceutical-related cases and have won some of the largest jury verdicts and settlements in recent years. We encourage you to contact us should you or someone you love is injured as a result of a prescription drug or prescription medication. Our dangerous drugs lawyers will be happy to discuss your case.
Mass Torts
In some cases, dangerous drugs may cause harm to a tiny percentage of people. However the harms they cause are often similar. These cases fall under the law of product liability and permit injured victims to file a lawsuit against drug companies under strict negligence theories.
Dangerous drug cases may have one defendant or several defendants, based on the alleged actions that caused their injuries. If a medication is manufactured and prescribed to the patient by a physician, then both parties can be named in a lawsuit. In this case the plaintiff must prove that the doctor and manufacturer were negligent in producing or manufacturing the medication that ultimately resulted in the injury.
Multi-district litigation is a way to combine a variety of drug-related injury lawsuits. All cases that raise the identical allegations against the same defendant are presented to the same judge to settle the lawsuits quickly and efficiently. The best dangerous drug attorneys will ensure that each case is treated as a distinct legal action, and that the plaintiff is more in control of the outcome of their case.
Like all personal injury lawsuits, defective or dangerous drug suits require the assistance of medical specialists and specialists to prove that a defendant's actions were the primary reason for the damages suffered by a patient. This is a major distinction from other types of lawsuits, like motor vehicle collisions where it is much easier to prove that the driver ran a red light and hit your vehicle.
It is also important to understand that the effects of a substance might not be apparent immediately. In reality, many harmful prescription and over-the counter drugs are not recalled or linked to adverse health effects until hundreds or thousands of individuals have been affected.
If you've had serious side effects due to any medication, including prescription and over-the-counter medications, speak with an attorney for a free consultation today. The most effective dangerous drug attorneys operate on a contingency fee basis, meaning they will not charge any fees for their services unless they secure a financial settlement in your favor.
Prescription Drugs
A variety of prescription drugs are approved by the FDA however, they could have serious or life-threatening adverse reactions. The pharmaceutical companies that produce and market these drugs can be held accountable for the negative effects they cause in certain instances. This type of legal action is called a dangerous drug lawsuit. These lawsuits are filed as class actions against the company, and are based upon the evidence of the injuries that plaintiffs suffer. A number of different factors are used to calculate a settlement amount for each plaintiff in a dangerous drug case, including the nature and severity of injury, age, medical costs related to the injury and the anticipated loss of income.
Dangerous drug claims are a form of personal injury claim and often filed in conjunction with wrongful death claims. A lawsuit can seek damages that are unique to the injured party like pain and suffering, emotional stress, medical expenses, and loss of future earnings. In cases involving death, compensation could include funeral and burial costs.
The most common defendants in lawsuits involving dangerous drugs are pharmaceutical companies. Other parties may also be held responsible. For example a sales representative could fail to notify doctors of the risks and dangers that aren't mentioned in the label of a medication for certain patient populations.
Manufacturing defects can lead to dangerous drug lawsuits. These are instances where something is wrong with the manufacturing process, for example, a contaminant. In these instances, the manufacturer and the company that developed the medication may be added as defendants.
Most patients are safe if they take their prescription and over-the-counter medications as directed. However, there are dozens of instances every year of drugs that are recalled because they pose severe or fatal risks. It is crucial to contact an Reading dangerous drugs lawyer when this occurs.
Our attorneys will investigate the case and determine whether you have an appropriate claim against a manufacturer of drugs for damages. We will do everything we can to make sure you get the maximum amount of compensation. We provide free consultations to assess your claim.
Over-the-Counter Drugs
Modern medical research has led to numerous medications that can treat illnesses as well as relieve pain and improve our quality of life. However, certain medications can cause dangerous side effects that could be dangerous and even life-threatening. You may be entitled compensation if you or a family member is injured as a result of an medication you used. A lawyer who deals with dangerous drug lawsuits can help determine if you have an appropriate claim and what steps you should take next.
Other defendants could be held accountable for injuries caused by a specific medication. Pharmacists who do not properly label the drug as dangerous or inform the patient about possible side effects or interactions with other prescription or over the counter medications are also at risk. Physicians who prescribe a drug that later discovers to be harmful may also be held accountable for damage caused to their patients.
Whether you are suffering from a condition caused by prescription or over-the-counter medications it is crucial to consult with an experienced Reading dangerous drugs attorney to discuss your legal options. During a free consultation, your lawyer will discuss the law that governs dangerous drug lawsuits and help you determine whether you have a valid claim for damages. You could be entitled to compensation for any past and future losses due to your injury. This includes medical expenses, lost wages, as well as pain and discomfort.
Many personal injury lawyers who handle risky drug cases charge a fee on a contingency basis. This means that they won't charge you for their services until they are successful in your case. They will evaluate your claim, and give you an honest assessment of the probability of obtaining damages.
Although all drugs are subjected to extensive tests and clinical tests prior to approval for sale, the most serious risks are often only discovered after the drug has been extensively marketed and prescribed to millions of people. A lawyer can assist you to obtain fair compensation if you have been injured due to a dangerous drug.
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