Prescription medications help millions of people each year and treat our symptoms so that we can live comfortably. Unfortunately, the truth is that not all drugs are safe, and some carry lifelong side effects, cause injuries, or even have deadly consequences.
In a rush to profit, drug companies release harmful medications to the unsuspecting public each year. Sadly, many people must suffer permanent injuries, significant pain, or death before these dangerous medications are pulled off the market.
The company will cooperate with the FDA and rush to do a recall, but this happens far too late for some people. This is when defective drug lawyers in Passaic from Morelli Law Firm are needed to hold such companies accountable and fight for you to be compensated.
What Are Some Examples of Defective Drugs or Recalled Drugs?
Many prescription and over-the-counter medicines have been found to be defective, and are linked to dangerous and deadly side effects. However, many are still available on the market. Some examples of FDA recalled drugs past and present include:
- Ortho Evra
- Talcum powder
The list goes on and on. Troubles with new drugs upon their release to the public is a problem for everyone. When a doctor prescribes medication to help you, you do not expect the medicine to do more harm than good. Similarly, you wouldn’t expect that drug companies make big profits selling drugs they know to be defective, but the fact is that it happens quite often.
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When Can I Pursue Defective Drug Litigation?
The best time to begin pursuing a lawsuit for dangerous drugs is relatively soon after you realize an injury has occurred. First, call your doctor or seek medical care immediately for the issue. When you are able, call and consult a defective drugs attorney in Passaic with expertise in dangerous and defective medications.
It is important to keep documentation and be treated by a doctor because you may be healed of your issues before you go to trial. You have a two-year statute of limitations from the date of injury or a loved one’s death to pursue financial compensation for damages due to a defective drug.
If you are the heir of a lost loved one, time can slip by quickly when they have been hospitalized for months and you are trying to get your life back together after their passing. A lawsuit deadline can sneak up on you. Engaging a lawyer early on allows for ongoing counsel and staying ahead of any deadlines for filing so that your chances for compensation are not lost.
I Believe I Have Been Harmed by Defective Drugs, but What if I Cannot Afford a Lawyer?
We understand that cost is a major concern when you have been injured or affected by dangerous drugs. Our defective drug lawyers work on a contingency basis in all of New Jersey and Passaic, meaning that no payment is due to us unless we recover money for you through a settlement or jury award.
There is no cash to pay up front. You are charged a percentage of the recovery amount. The initial consultation is free of charge to assess your case and the possibility of winning in court. Our team will analyze and evaluate the impact of the defective drug on your life, and how you have been harmed or injured.
After that analysis, the attorney can formulate a number to properly compensate you for the damages, and fight hard for your right to recover it. If you suspect you have been injured because of the device, consider speaking with a defective medical device attorney as soon as possible.
Who Can I Sue for the Damage That a Defective Drug Has Caused?
It’s the personal injury attorney’s job to determine all the aspects of the injury and the medication involved in order to determine who is likely at fault. Sometimes, many parties can be to blame for injuries in a dangerous drug case.
Some of the parties who may be at fault for the injuries caused in any faulty drugs case might include one or more of the following:
- Pharmaceutical company
- Designer of the drug
- Manufacturers of the drug
- The drug distributors
- Marketing company of the drug
- Testing facilities and labs of the drug maker
- Prescribing doctor
- Pharmacy or pharmacist responsible for filling the prescription
Having a defective drug lawyer in Passaic, NJ, who has had intensive trial experience is the best course of action when pursuing full compensation and damages due to the injuries and pain suffered from the effects of a defective drug.
What Compensation Can I Receive if I Was Harmed by a Dangerous Drug?
In a prescription drug claim, you may be able to collect compensation for economic and non-economic losses. Here are some examples of things taken into consideration when determining the amount of compensation your attorney asks for in a defective drug lawsuit:
Doctors’ bills, prescription bills, hospital bills, rehabilitation costs and cost of future treatments and therapies that are necessary because of the damage caused by the defective medication.
Loss of Wages
Pay lost due to work missed, future earnings, loss of income due to the need to change careers, loss of profits if you are a business owner and other forms of income lost due to the defective drugs can be considered in the amount you seek for damages.
Physical Pain and Emotional Damages
Emotional distress and loss of enjoyment of life, loss of companionship or changes in your relationship with your spouse, physical pain from the injury or the treatment of the illness are all considered pain and suffering that may be part of your compensation.
Non-economic losses are more subjective, so damages due to pain and suffering are more difficult to pinpoint and pursue, however an attorney experienced in defective product law can best apply the argument for its inclusion in the damages.
Should I Join a Class Action Lawsuit?
The chances of winning a class action lawsuit are greater because there is strength in numbers. When large groups of people join together because they have been harmed, money will likely be awarded, or compensation will come their way in some form.
The damages received in these lawsuits are generalized and spread out over a broad group of people. When joining a consumer class action lawsuit, you don’t have to do any work.
However, if you join a class-action lawsuit, you can no longer have your story heard, and your specific suffering will not be addressed or compensated. If the settlement amount is too small to cover your losses, you have no opportunity to reject it, and you may not pursue further litigation or damages.
If your losses were great due to a defective drug, we usually advise against a class action. We suggest you pursue an individual suit so that your losses can have the opportunity to be better compensated. Do note, however, that you can withdraw from a class action suit at any time before the case is settled or concluded.
How Do I Know if I Qualify for a Defective Drugs Lawsuit?
Nearly anyone who has been injured by bad pharmaceuticals can file for a lawsuit. In order to be successful in a product liability claim, you need to be able to prove you were injured by the drug, that the drug is defective, that the manufacturer didn’t warn consumers, and that their negligence caused you to become injured.
In other words, not every reaction to every drug is eligible for a lawsuit. However, if you have taken a drug that has been recalled or you suspect a drug has caused you serious injury, it is worth your time to find out more about your options.
First, gather all the medical records and bills related to your use of the drug. Then, call an experienced Passaic defective drugs attorney who is well versed in defective medical product law and book a consultation.
Call Today to Begin Taking Back Control
Morelli Law Firm has won many of the largest jury verdicts and settlements ever obtained for people injured by negligence and defective products. Our trial lawyers have won thousands of claims on behalf of those harmed and each year we build on that successful track record.
Our Passaic defective drugs lawyers and their teams will take the time to listen to you, work to understand your concerns, and fight tirelessly for your case. We have no fear of fighting big pharmaceutical companies to help you gain your compensation and take back control of your life. Contact us online or by phone today.