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Modern medical research has produced many medications that can improve your health and extend your life. However, a lot of drugs have dangerous side effects. In these cases, a dangerous drug suit could allow you to claim compensation.
Dangerous drug lawsuits are brought under strict liability laws for product liability, meaning that victims do not have to prove that the manufacturer was negligent in the testing or production of the medication. Check out the following pages to learn more about filing a claim or finding an attorney. There are also useful forms and other resources.
Class Actions
Modern medicine has produced numerous medications that can improve health and prolong life. These drugs could pose serious risks. When they do, people could suffer serious injuries or even death. Drug companies must be held accountable for these harms, and an experienced Dangerous Drugs Lawyer (Trademarketclassifieds.Com) can assist victims in obtaining compensation.
When a drug manufacturer releases a medicine on the market, it must examine the drug thoroughly and make sure the medication is safe for the patients to use. Unfortunately, not all drug manufacturers follow this standard and dozens of dangerous drugs have been approved by the FDA and caused harm to thousands of people. In some instances, these drugs are not recalled until patients have already been injured or killed by the medication.
The lawsuits against dangerous drugs may be filed separately, or they may be combined into a single case that involves hundreds or thousands of plaintiffs. When this occurs it is referred to as a class action lawsuit. If a class action is involved, the plaintiffs need to surrender some control over their individual claims, and allow their lawyers to negotiate settlements on their behalf. This process can be complex and time-consuming.
The average settlement amount in a dangerous drugs case differs based on the severity of injury and the age of the victim, the medical expenses incurred as a result of the drug, the anticipated loss of income and other factors. If a lawsuit is won 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 essential to the success of a lawsuit. Make sure you choose an attorney who has an impressive track record of representing clients in personal injuries claims as well as other legal cases. When choosing a firm, ask about their track record in handling these cases, and request a list of client 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. If you or someone you love has been injured through a prescription or an over-the-counter medication, we encourage you to contact our office to discuss your case with a knowledgeable dangerous drugs lawyer.
Mass Torts
In some instances, risky drugs can cause injuries to a smaller number of people, but the consequences they cause are the same. These cases fall under the product liability law and allow injured patients to pursue a lawsuit against the manufacturer of the drug under strict negligence theories.
Dangerous drug cases could include one or more defendants, depending on the actions that led to their injuries. For instance, if a drug was both manufactured and prescribed by a physician and a doctor, both parties could be named in the lawsuit. In this scenario the victim will need to prove the manufacturer and doctor were negligent when it came to producing, manufacturing, or releasing the medication which ultimately led to the injury.
Multi-district litigation is a way to consolidate many of these cases of injury resulting from drugs. All cases that raise the similar allegations against the same defendant are presented to the same judge to settle the lawsuits more quickly and efficiently. The most experienced dangerous drug lawyers will ensure that every claim is treated as a distinct legal action, and the plaintiff is more in control of the outcome of their case.
As with any personal injury suit, dangerous drugs law firms/defective drugs cases require the use medical experts and specialists to prove the defendant's actions caused the victim's injury. This is a significant distinction from other types of lawsuits, like motor vehicle collisions, where it's much easier to prove that drivers ran through a red light and struck your car.
It's also important to recognize that it's not immediately evident that a person has been injured by a drug that they took, since the injuries may not show up right away. Many dangerous prescription and OTC drugs are not removed until hundreds or even thousands have been affected.
If you've suffered serious side effects due to any medication such as prescription or over-the-counter medications, contact an attorney for a no-cost consultation today. The best dangerous drug attorneys operate on a contingent fee basis, which means they will not charge any fees unless they secure an agreement in your favor.
Prescription Drugs
Even though many prescription medications are approved and regulated by the FDA but they could have serious or even fatal side consequences. In certain cases the pharmaceutical companies that produce and sell these drugs may be held accountable for any harm they cause. This type of legal action is referred to as a dangerous drug lawsuit. These lawsuits are usually filed as group actions against a company and are founded on evidence of injuries suffered by plaintiffs. In a drug case that is dangerous, settlement amount is calculated based on a number of factors, including the nature of injury, the severity of the injury, the age of the plaintiff, the medical expenses associated with the injury, and the projected loss of income.
Dangerous drug claims are a form of personal injury claim. They can be filed with wrongful death claims. In a lawsuit, the person who suffered may seek compensation for discomfort and pain, emotional distress, medical costs, and loss of future income. In cases involving death, compensation can also include funeral and burial expenses.
Pharmaceutical manufacturers are among the most frequently cited defendants. However, other parties may be held accountable as well. A sales representative, for example, might fail to inform doctors of the dangers or risks that aren't stated on a label for a medicine.
Moreover, manufacturing defects can result in dangerous drug lawsuits. In these cases something goes wrong during the manufacturing process. For example, a contamination. In these instances other defendants could include the company that created and distributed the medication, as in addition to the company that manufactured it.
The majority of patients are safe when they use their prescription and other over-the-counter medicines as directed. However, there are dozens of examples each year of medications that are recalled due to the fact that they pose serious or even fatal dangers. If this happens, it's essential to consult an experienced Reading dangerous drugs lawyer.
Our attorneys will investigate the case and determine if you have an appropriate claim against a drug manufacturer for damages. We will do everything we can to ensure you get the maximum amount of compensation. We provide free consultations for evaluating your claim.
Over-the-counter drugs
Modern medical research has led to the development of a wide range of medications that alleviate chronic pain, and improve our quality of life. Certain medications can cause hazardous adverse effects, even if they are not life-threatening. If you or a loved one has been injured by a drug you took, you may be entitled to compensation. A lawyer who deals with dangerous drug lawsuits can help you determine if you have a valid claim and what actions you should take.
While most cases involving dangerous drugs involve pharmaceutical companies, other defendants could also be held liable for the harm caused by a particular medication. Pharmacists who fail label the drug as dangerous or inform patients of potential side effects or interactions with other prescription or over the prescription medications are also at risk. Physicians who prescribe a medicine which later proves to be harmful may also be held responsible for the damage caused to their patients.
If you're suffering from the effects of a prescription or over-the-counter medication, it is important to speak with a seasoned Reading dangerous drugs attorney to discuss your legal options. In a free consultation, dangerous drugs lawyer your lawyer will explain the law governing dangerous drug lawsuits and determine whether you have a valid claim for damages. You could be entitled to compensation for past and future losses that result from your injury. This includes medical expenses, lost wages, and pain and discomfort.
Many personal injury lawyers who handle dangerous drug cases charge a contingency-fee basis. This means they won't charge you until they win your case. They will evaluate your claim and provide you with an honest evaluation of your chances of recovering damages.
Despite the fact that all medications undergo rigorous tests and clinical trials before they are licensed for sale there are serious health risks that are only discovered after the drug has been aggressively promoted and prescribed to millions of people. Your lawyer can help you get fair compensation if you have been injured due to an unsafe drug.
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