When it comes time for you to take your medications, there are several different parties that have a say over your health. Doctors need to prescribe you the appropriate medication, and pharmaceutical staff members need to fill your order properly. Even the manufacturer who created your drug must run their production lines with your care in mind.
There’s always a risk, though, that someone may hit a stumbling block somewhere along the production chain. You may receive defective medication as a result. If you take a medication that’s falsely advertised or ineffectively made, that drug may do far more harm to your body than good.
Newark defective drug attorneys recognize how challenging it can be to take medical professionals or manufacturers to court. That’s why Morelli Law Firm steps in for you. We can help you file a defective drugs suit and fight for the justice you deserve.
Your Legal Rights After a Defective Drug Injury
Corporations are made up of thousands of people. Even so, corporations as entities still owe you, as a consumer, a duty of care. That duty dictates that all the products a corporation releases must be manufactured with the best interests of said consumers in mind. This same concept applies to pharmacies and hospitals.
When you take a prescription or drug that’s not been made with the utmost care, you put your health at risk. You can then trace responsibility for your side effects back to the drug’s manufacturer or another liable party.
So long as you can prove that a corporation, manufacturer, or hospital owed you a duty of care and violated it, you can take that institution to court. The most straightforward way to do this is to indicate:
- The severity of your injury
- The ways in which your use of a particular medication contributed to your injury
- Whether or not the drug’s defect stemmed from its design, manufacturing, or advertising
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Presenting Your Defective Drug Claim
Once you’ve established liability and an economic estimate of your losses, our defective drugs lawyers in Newark can submit your complaint to a county clerk. Complaints need to reach New Jersey courts within a specific amount of time known as the state’s statute of limitations.
The amount of time you have to file your case changes depending on how you classify your losses. If you want to charge a hospital with your defective drug case, you’re filing a medical malpractice suit. N.J. Stat. § 2A:14-2 gives you two years to act on these losses. Your filing deadline can begin either on the day you’re injured or the day you discover your injury.
Alternatively, defective drug claims brought against a manufacturer or pharmacy constitute product liability cases. You must bring these cases forward within two years of enduring your injury. You can learn more about how New Jersey addresses these cases in N.J. Stat. § 2A:58C-2.
Preparing for a Defective Drug Trial
While you don’t have to commit to a trial upon filing your complaint, going to court over a defective drug injury doesn’t have to be stressful. Our attorneys can make the process more manageable. In general, these defective drug trials include:
- Opening statements
- Witness examination
- Closing statements
As the injured party, you’ll be expected to contribute to both a witness examination and a cross-examination by the plaintiff. Your attorney can handle the opening and closing statements while also preparing you for any of the questions that the defense may ask you.
When your trial comes to an end, the judge and jury on your case can determine whether or not you should receive the compensation you asked for. If your attorney’s arguments indicate some significant negligence or recklessness on the part of the defense, a judge may apply punitive damages to your case.
Contending With Pharmaceutical Companies’ Settlement Offers
When you receive a defective drug settlement offer, it’s tempting to think that you can get the financial support you need for your losses without any strings attached. Unfortunately, this isn’t always the case. Some pharmaceutical companies may make you a settlement offer to avoid the publicity that comes with time spent in court.
Others may make what seems like a substantial offer to disguise how much financial support you might get through a trial. If you receive one of these offers, you’re under no obligation to accept right off the bat.
A defective drugs attorney in Newark, NJ, can look over any settlement offers you receive. We can calculate our own version of your compensation, as well, to ensure that you’re not being cheated. We’ll then negotiate for the financial support you deserve.
When to Turn to a Defective Drug Attorney
Going up against a pharmaceutical company in court is never easy. Most corporations have substantial legal teams and aren’t above using intimidation tactics to get their way. As such, any individual who tries to challenge them in court may face obstruction at every turn.
That is where we step in. Because our attorneys can manage your communications with a liable party, we can help you react to or otherwise report any intimidation tactics designed to keep you out of court. We can also speak for you in negotiations and a trial. Our other responsibilities can include:
- Assess the value of your defective drug losses
- Finding evidence to back your assertion of liability
- Set your court dates and help you keep them
- Interview professional witnesses for your case
It’s our job to make your defective drug case as manageable as possible. If you’ve been wondering whether or not it’s worth it to pursue this kind of legal action, you can meet with one of our attorneys. Together, we can increase your personal injury settlement.
Call Morelli Law Firm for Legal Support in Defective Drug Cases
If you’re prescribed medication by a professional that you trust, you expect that product to do its job. Medications that compromise your health further leave you with more than new injuries. They also fracture your trust in the professionals who treat you.
Both you and your loved ones have the right to pursue legal action if you’ve been injured by a defective drug. Our Newark, NJ, defective drugs lawyers at Morelli Law Firm can help you find the best place to start. Call or connect with our office online to schedule your case evaluation.