Despite the oversight offered by the Food and Drug Agency (FDA), a lot of drugs with dangerous side effects still make it to the market. It is estimated that 25 percent of American citizens use at least three prescriptions at any given time.
Defective drugs are harmful to humans. The harm may be a result of the side effects of the drug or the errors from the manufacturer’s side. Whatever the case, the victim is often unaware of the risk and ends up suffering the most.
In such cases, you will need to file a defective medication lawsuit to seek compensation. Working with a defective drug lawyer will increase your chances of being compensated compared to handling the case on your own.
Lawyers are professionally trained and know how to detect defective drugs. They also have contacts with other medical professionals who can help make your compensation case watertight.
Do you have a defective case?
In case you or your loved one was hurt by a drug, you may be wondering if you can file a case in court. For your case to be admitted, you must prove the following:
- That you got injured because of the drug
- That the drug was defective
- That it was the defectiveness of the drug that caused your injury.
The above claims may appear simple but they can be difficult to prove. Remember not every drug-related injury can lead to a legal claim. The drug manufacturer can only be found liable if the following is proved:
- That the side effects of the drugs were not mentioned (failure to warn)
- The drug was bad or impure because of the manufacturer’s error
- Improper or false marketing led to the injury
How do you know that you need a defective drug lawyer?
As mentioned earlier, not every drug-related injury calls for legal recourse. You need to be sure that you have a tight case before moving forward.
Here are some of the signs that you need the services of a defective drug lawyer:
- If your injuries are serious enough to warrant medical attention. Severe injuries may call for surgery or extensive rehabilitation. This can cost you a lot of money in terms of medical expenses.
- If the injuries have resulted in a permanent disability
- If the injuries are caused by a large corporation, then you will need a personal injury lawyer to help you file the claim. Chances are high that the insurance companies for a large corporation will hire a battery of powerful lawyers. This will make it difficult for you to win the case without an experienced lawyer
- If it is discovered that the manufacturer deliberately failed to give a warning about the possible side effects of its drug
- If the drug is banned by FDA.
Tips for hiring a defective drug lawyer
- Qualification and experience
If you have decided to file a defective medication lawsuit, then you need to hire a qualified and experienced defective drug lawyer. Before a drug is accepted in the market, it must be approved by the FDA. The drugs must pass several tests including clinical trials to establish any side effects. A qualified lawyer will ensure that the manufacturer is held accountable by compensating you accordingly.
- Understand when to hire a drug lawyer
Don’t hire a defective drug lawyer if you are not sure about the situation. If you have experienced severe pain due to prescription medication, then that is a good reason to hire a lawyer. The first thing you should do after discovering the side effects is to contact a defective drug attorney and assess the situation. The lawyer will advise you whether you have a case or not.
- Find out about fees
Most defective drug lawyers don’t charge upfront fees. In most cases, they will take the payment after you have won the lawsuit. It is important to understand how much they will charge for the entire case before you start working together.
- Check for credential
A defective drug attorney must have a license to practice in your state. The drug company will definitely have its own legal team. They will want to know if the lawyer or lawyers representing you are licensed to practice in your area.
What to expect from a lawyer
When filing a defective medication lawsuit through a lawyer, you should bear in mind that these types of cases take time. There are a lot of investigations to be done and documents to be filed. However, every state has its own liability laws. Your lawyer will guide you through the entire process.