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Pharmaceutical Litigation

Pharmaceutical drugs can save lives. They can also claim them. The wrong drug can produce serious, and even fatal, side effects. If you believe you have a case against a pharmaceutical company, you must act quickly to bring your claim. You will also need a skilled personal injury attorney on your side if you want to have any chance of winning.

Common Causes of Pharmaceutical Litigation

People can be injured by pharmaceutical drugs in many ways. Common injuries include:

When Can I Sue a Pharmaceutical Company?

To sue a pharmaceutical company, you must prove three things:

  1. You were injured by faulty pharmaceuticals. It’s not enough to show that you could have been injured or that the drug company behaved irresponsibly. If you did not suffer actual damages—such as medical expenses or a health condition—then you cannot sue to recover those damages.
  2. The pharmaceutical company is liable for your injuries. If a doctor prescribed the wrong dose or recommended a drug to which you were allergic, you might have to sue the doctor instead.
  3. The pharmaceutical drug is responsible for your injuries. If you developed an injury from some other cause, or would have developed an injury no matter what, you won’t be able to recover damages.

Accomplishing this feat requires significant evidence. You may need to provide medical bills, hire an expert witness to testify about your case, investigate pharmaceutical company records, and scour through clinical trial data.

Doctors, Nurses, and Other Potentially Liable Third Parties

The drug company isn’t always the right party to sue. Particularly if your damages are significant, you may even find that ti makes better sense to sue multiple parties. This increases your odds of winning, and ensures that liability is distributed. Some examples of other parties that may be liable include:

In almost all cases, you’ll be suing the insurance company that represents the provider in question. It rarely makes sense to sue someone without insurance, since few individuals have sufficient funds to cover the cost of a hefty lawsuit. Your lawyer can advise you about whom to sue, and how to ensure you sue the party who is most likely to be able to fully cover your damages.

How Much Can I Recover in a Pharmaceutical Litigation Case?

A pharmaceutical case is not necessarily a recipe for rapid riches. Instead, your recovery is heavily dependent on how much your damages are. In other words, the more severely you were injured, the more likely it is that you will earn a large recovery.

Some of the expenses that may be covered include:

Most pharmaceutical claims settle long before going to trial. The factors that will affect your ability to secure a favorable settlement include:

Why Should I Hire a Lawyer for My Pharmaceutical Litigation Case?

When you file a pharmaceutical claim, you will be litigating against one of the nation’s most powerful industries. They have the money and incentive to hire first-rate lawyers. Your chances of prevailing against such a team without the assistance of a skilled litigator are virtually nonexistent. Missed filing deadlines, misunderstandings of case law, and neglected legal procedures can all cause you to lose an otherwise promising claim.

When you hire a skilled personal injury attorney, the other side knows you’re serious about your claim. In some cases, this may even encourage them to offer a more favorable settlement. Even if it doesn’t, your odds of prevailing at trial will immediately increase. Moreover, you won’t have to deal with the stress of managing your case alone, negotiating with other side, or worrying that you’ve missed something important.

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