Legal FAQs

When it comes to defending against personal injury claims, Big Pharma and medical device manufacturers have an arsenal of resources at their disposal. It’s very difficult for someone coping with serious injuries to file a successful claim against these companies on their own.

These types of cases are often complex, so it is a good idea to consult a qualified attorney with experience litigating against drug and device manufacturers. Attorneys who are familiar with these types of cases and injuries can help determine if you have a legal claim to compensation. They can also oversee the entire case process if you have a claim.

Although the damage caused by a negligently manufactured drug or defective medical device is often severe, makers of these products are typically reluctant to admit or remedy their mistakes. Injured consumers endure tremendous pain and suffering and substantial economic losses because of negligent manufacturers. Lawsuits are often the only way to hold these companies accountable. Also, they generally offer the best opportunity to receive significant compensation for drug or device injuries.

The type of drug or device, the nature of your injury, when you were injured and the attorney’s experience are just a few of the factors that should be considered when selecting a lawyer. Drugwatch’s Patient Advocates can help make this task easier. They are familiar with the litigation experience and case evaluation criteria of several leading drug and device attorneys. They can help by looking over your case and matching you with attorneys who have experience handling claims similar to yours.

Lawsuits begin with filing a document, known as a complaint, with a court that has jurisdiction over your case. Each court has its own rules governing how complaints are written. Failing to follow these rules and state your claims properly could result in the dismissal of your case.

It is best to hire an experienced drug or device lawyer to file your lawsuit. They are well equipped to thoroughly investigate your claim, prepare your complaint and file it in the proper court. They can also handle your case throughout the rest of the case process.

Plaintiffs are sometimes stigmatized for exercising their legal rights. But the only unethical thing about a personal injury lawsuit is the negligence that caused the injury in the first place. The law is clear. Drug and device manufacturers should be held financially accountable for the injuries they cause. And people who have been injured by these products may be eligible for compensation for their losses.

It is not uncommon for a drug or device to be linked to different types of injuries. Choosing a lawyer who has experience handling cases involving your specific type of injury helps ensure you receive the attention you deserve. That’s why Drugwatch Patient Advocates are so helpful. They are skilled at evaluating your unique situation and can match you with firms that can give you individualized attention.

One way to avoid shady lawyers is to look for attorneys who will evaluate your case carefully and avoid promising specific results. Experienced, responsible attorneys know that each case is different and there is no guarantee you will receive compensation. A good attorney is willing to discuss your case’s weaknesses and the challenges of suing a drug giant or device maker. Drugwatch Patient Advocates are here to help you find an attorney with a good reputation.

A consultation with a drug or device lawyer is usually free. If you decide to hire the lawyer, there are usually no upfront, out-of-pocket costs. These types of plaintiff’s attorneys are typically paid only if you obtain an award or settlement. They generally receive a percentage of any compensation you obtain. But be sure to ask before deciding to hire a particular firm. They should tell you the fee arrangement upfront before you agree to hire them.

Although there are reputable attorneys who advertise on TV, choosing a lawyer involves many factors that simply can’t be addressed during a TV ad. When it comes to finding the best attorney to handle your claim, there is no substitute for careful analysis to match your specific case needs with the attorney’s litigation experience. Drugwatch Patient Advocates are available to help you find attorneys you can trust.

A lawsuit is usually the most effective way to hold drug and device makers responsible for negligence and also receive financial compensation for injuries. Personal injury compensation is often needed to reimburse medical expenses and lost income, and to pay for future medical care. But litigation is a lengthy process. Your case may go through several stages of the case process before serious settlement talks occur. An experienced drug or device lawyer can explain the pros and cons of your specific case and what to expect during litigation.

Most lawyers have websites, and many also advertise online. It’s hard to pick a firm out of the crowd, however. Drugwatch offers the opportunity to talk with Patient Advocates who can do something an online ad can’t do: They can help evaluate your particular situation and match you with a qualified attorney based on your specific needs.

Prescription drug lawyers have experience handling cases of personal injury caused by pharmaceutical company negligence. They are familiar with reviewing medical records and investigating manufacturers to prove liability. Prescription drug attorneys may have broad experience handling cases involving specific companies or specific drugs. Some also specialize in handling specific types of injuries.

A product liability lawyer has experience bringing claims of negligence against makers and marketers of defective products. Product liability cases include claims involving defective goods, such as cars, or toxic materials, such as asbestos. They also include cases involving injuries caused by defective drugs or medical devices. Lawyers who handle these types of cases work to prove that defendants failed in their legal duty to warn consumers about dangerous or defective products.

The loved ones of people who were injured by defective drugs or devices may be eligible to file their own legal claims. One of the claims that may be available to them is a loss of consortium claim. This claim usually arises when an injury interferes with a married couple’s ability to have sexual relations. But in some states, other loved ones can also file loss of consortium claims, such as a parent who suffers the loss of love, affection and companionship after a child’s injury. If your loved one was injured by a dangerous drug or device, an experienced drug or device lawyer can help determine if you are eligible to file a loss of consortium claim.

You may be eligible to sue for pain and suffering if you were injured by a drug or medical device. Pain and suffering includes the physical and mental distress that results from an injury. It may include bodily pain, limitation of activities, depression, embarrassment, and other forms of distress. A few states limit the amount of damages available for pain and suffering.

You may be eligible to sue for lost wages if you were injured and are unable to work because of a defective drug or medical device. Lost wages refer to compensation for earnings lost due to an injury or disability caused by a drug or device maker’s negligence.

A drug or medical device lawsuit can help you obtain needed compensation to help with medical bills, including the costs of doctor visits, hospitalization and surgery. If you have been injured, you may also be eligible for financial assistance with other expenses related to your medical care, such as the costs of transportation, prescription drugs and home health care.

Punitive damages may be awarded in cases where the defendant’s conduct is considered outrageous. In such cases, punitive damages are intended to not only punish the defendant, but also to deter the defendant and others from further misconduct. States have different rules for determining when and how much punitive damages are available. A few states do not allow punitive damages awards.

Courts often encourage parties to participate in mediation to resolve their disputes. Mediation programs involve third parties (known as mediators) who help the parties find common ground and potentially reach an out-of-court settlement. The parties voluntarily meet with the mediator to discuss the issues involved in the lawsuit.

State laws limit the amount of time to file a claim (known as a statute of limitations), so it’s wise to consult a lawyer as soon as possible so that you can begin the process of filing a claim. Once hired, your attorney will immediately begin work getting the facts of your case. This involves getting your permission to obtain medical records and becoming familiar with your medical history. Your attorney will also interview you about the full extent of your injury and the hardships it has created for you and your family.

Whether and where you meet with your attorney is up to you. It’s certainly possible to consult with your attorney by phone, if you prefer. But eventually you will need to meet with your attorney to prepare for your deposition. Don’t worry if your health prevents you from traveling. Your attorney can come to you and make arrangements to ensure you’re comfortable.

A case could take two years or more to reach the trial phase. But most cases are resolved before going to trial. Defective drugs and devices usually result in widespread injuries and legal claims. So courts have developed special procedures to manage large caseloads and encourage the parties to reach settlements and avoid trial. However, there is no guarantee your case will settle, so your attorney will start preparing for trial on Day One.

Cases are sometimes centralized in a single state or federal court when a drug or device maker faces several similar lawsuits. The judge presiding over the group of cases often encourages the parties to select a few cases for “bellwether” trials. These cases are scheduled for trial first and are used to predict what will happen in future cases. The outcomes of these cases often help the parties reach settlements.

There is no guarantee how much money, if any, you will receive if you sue. But a qualified attorney can explain the types of awards you may be eligible for, including compensation for medical expenses, lost wages, pain and suffering and punitive damages. Your attorney will help you request a reasonable amount in your complaint based on the extent of your injuries and the evidence available regarding the defendant’s conduct.

Finding the right attorney for your specific case is key to navigating the litigation process. Drugwatch can help make the process easier for you by helping you find a qualified attorney for your specific case. We also offer useful information about the case process and claims against specific drug or device makers.