Can Every Drug Injury Lead to a Legal Claim?

Not every drug injury can lead to a legal claim. You must be able to prove that the drug was defective and that it caused your injury in order to have a viable claim.

It may be difficult to gather evidence and sue the at-fault party on your own. You may want to consider consulting with a law firm to learn about working with a lawyer after a drug injury.

The attorneys at the Morelli Law Firm have the experience necessary to handle cases just like yours. Contact us today at (212) 751-9800 for a free consultation.

Suing for Side Effects

You may be able to sue a drug manufacturer for side effects related to a drug you or a loved one have taken. To have the strongest case possible when attempting to prove manufacturer fault, your lawyer must be able to show that:

• You suffered an injury, AND
• Either the drug was defective due to a manufacturing error, OR
• The drug company failed to warn the public about an issue they knew existed with the drug, AND
• Your injury occurred as a result of taking the drug.

These elements of your claim are crucial, and you may not be able to prove them on your own. This is where the experience of the team at Morelli Law Firm can help you form a strong claim right from the very beginning.

Suing for Addiction

You may actually be able to sue a drug company if you or a loved one are suffering from an addiction to a particular drug, depending on the circumstances. There may have been a defect in the making of the drug that led to the addiction.

We can help you determine whether you have a case against the drug manufacturer.

Examples of Damages in a Drug Injury Case

The purpose of drug injury lawsuits is to hold the at-fault party responsible for your damages. If you’re not sure, your damages may include:

• Medical expenses: including any medications you’re taking as a result of your injury, as well as surgeries and doctor’s appointments
• Loss of income: if your injury kept you from working, either partially or completely
• Disfigurement and scarring: if your injury caused a scar or disfigurement
• Pain and suffering: if the effects of your injury led to physical and/or psychological turmoil

Note that you may be able to claim additional forms of damages even after you’ve filed your case.

How Long a Drug Injury Case Takes to Resolve

A drug injury case is not something that resolves overnight. Of course, every case is different, so the specifics of your case can have a significant impact on when you can expect to settle it.

However, a drug injury case typically takes between one and three years to resolve. You may be able to shorten the amount of time it takes your case to settle by hiring a good attorney.

Someone with prior experience and who knows the law can significantly reduce the amount of time spent waiting or filling out paperwork.

New York’s Statute of Limitations

You have a limited time in the state of New York in which to file a drug injury lawsuit. There are different deadlines, depending on the type of case you’re filing. For instance:

• Medical malpractice: if a medical practitioner or facility is responsible for your drug injury, you have 2.5 years to bring a medical malpractice lawsuit against them, per New York Civil Practice Law & Rules (CVP) §214-A.
• Personal injury: CVP §214 gives victims three years to file a personal injury lawsuit.
• Wrongful death: if your loved one lost their life due to a drug injury, you have two years to file a wrongful death lawsuit, per New York Estates, Powers & Trusts (EPT) §5-4.1.

Your lawyer can help you figure out which lawsuit to file if you’re not sure.

How a Morelli Law Firm Lawyer Can Help Your Drug Injury Case

Your lawyer can handle your case for you so you don’t have to appear in court or worry about which paperwork to gather and when to file it.

What you can do: provide pictures of your injuries and a sample of the medication that caused your injury, if you still have it in your possession. your lawyer can consult with your doctor and other healthcare professionals. S/he can also hire experts in the field to testify at your trial on your behalf.

What your lawyer can do: investigate to see if your drug injury was the result of medical malpractice or a defective drug. If s/he concludes that your injury was due to a drug defect, they can investigate the manufacturing process to determine if negligence occurred during the production, labeling, and/or distribution of the drug.

Let Morelli Law Firm Help You

Although not every drug injury can lead to a legal case, Morelli Law Firm can help you determine whether yours does. Contact us today at (212) 751-9800 for a free case review with a member of our team. We represent clients in New York City, on Long Island, and in New York State up to Albany. Call us today to schedule an appointment with an experienced member of our team.