Pharmaceutical companies are responsible for developing safe drugs for us. Before they can sell their drugs to consumers, their drugs must be approved by the United States Food and Drug Administration (FDA). Sometimes, the FDA’s review process does not prevent harmful drugs from entering the healthcare marketplace and consumers become injured as a result.
If you or a loved one has been injured or killed by ingesting harmful prescription drugs, you need to find a drug injury lawyer that you can trust. Our legal team at Allen & Scofield Injury Lawyers, LLC has extensive experience representing clients that have been harmed by dangerous prescription drugs. Contact our skilled Atlanta product liability attorneys today for a free initial consultation at (404) 419-6674.
What Is A Bad Drug?
Some defective drugs end up clearing the FDA review process because the drug manufacturers did not disclose all of the drug’s serious side effects. Profits are more important than patient safety in the eyes of many pharmaceutical companies. “Big pharma” as they are known want to keep their shareholders happy and an FDA review process that drags on for years doesn’t put money in their shareholders’ pockets. When these defective drugs are sold to consumers in the healthcare marketplace, the consequences can be devastating.
Why File a Bad Drugs Lawsuit?
There are many reasons why injured victims should file bad drug lawsuits. If you’re fortunate enough to survive the defective drug’s harmful side effects, you might suffer permanent injuries that require you to undergo a lifetime of expensive medical treatment. If you are unable to work because of your injuries, a lawsuit gives you the opportunity to recover your lost wages and lost future earning capacity. The bad drugs might also diminish your quality of life, which entitles you to recover pain and suffering damages. If your loved one has died as a result of a bad drug, you can file a wrongful death lawsuit on their behalf.
Why is it Important to Hire an Experienced Lawyer?
Anyone can file a lawsuit on their own, but that is not advisable, particularly in defective drug cases. Many defective drug lawsuits are dismissed because the unrepresented victim did not understand how to plead their claim or acquire the evidence to prove their case. In order to be successful in a defective drug case, you typically need to hire a medical expert to prove that your injuries were not caused by some factor other than the defective drug, especially when you already suffer from health problems like heart disease and diabetes. A veteran drug injury lawyer can help your find the right medical expert to prove causation in your case.
In addition to working with medical experts, defective drug lawyers have many other available resources to support your case, including private investigators, paralegals, and possibly a co-counsel that has handled cases like yours in the past. A team of legal professionals will give you peace of mind and help you build the strongest possible case. Depending upon the strength of your case, you may be able to settle your case without ever going through trial.
What to Expect During the Process
If you have never filed a lawsuit before, you probably have a lot of questions. The first thing you should keep in mind is that it takes a long time to get a trial date after your lawsuit is filed.
While you’re waiting for your trial date, the following will occur:
- The Discovery Process
After you file your lawsuit and the defendant files its answer, the discovery phase of your case begins. During that process, both sides exchange documents and information to help prove their respective cases. You will have to give a sworn statement under oath regarding your injuries and damages. Your lawyer will take sworn statements from representatives of the pharmaceutical company that injured you. Each party will also produce experts to support its case.
Motions may be filed at various points in your case. The defense might file a motion to dismiss your case. Your lawyer might file a motion for sanctions against the defense or its client if they withhold evidence from you that would support your case.
Many cases are settled before going to trial. If your lawyer has developed a strong case against the drug maker, the drug maker will want to settle without going to trial. You might also want to settle to avoid the time and expense of trial. Your lawyer will advise about all of your options and recommend the best option to get you the compensation you deserve.
If your case is not settled, it may go to trial. Before trial begins, your attorney and the defense attorney will select a jury to resolve your case. Once the jury has been selected, your trial begins. Your attorney and the defendant’s attorney will give opening statements. Then, each side will have its turn to prove its case with evidence. Closing arguments will occur once all of the evidence has been presented. Then, the jury will deliberate until they return a verdict. Once the jury returns its verdict, the trial ends.
How Long Will Your Lawsuit Take?
That is a question that every one of our clients asks us. The answer is: it depends. It is hard to determine how long a bad drug lawsuit will take before it’s resolved. Some defective drug lawsuits are settled relatively soon after they are filed. Others may take several years to complete depending upon how much evidence is needed to resolve the case. If the jury returns a large verdict in your favor, the pharmaceutical company will typically appeal that verdict. You, too, can appeal the verdict if the jury returns a defense verdict. Appeals typically take several years to resolve.
Your Pharmaceutical Lawsuit Attorney
At Allen & Scofield Injury Lawyers, LLC, we understand how difficult it is to navigate the legal system without any legal training or experience. Let us handle that burden for you. We will do everything in our power to obtain justice for you if you were injured by a defective drug. Contact our experienced attorneys today at (404) 419-6674 and let us help you begin the long road to recovery.