As with any other type of personal injury claim, you do not technically need the help of a lawyer to file a defective drug injury claim. You can file your claim or lawsuit on your own.
However, defective drug cases can be complex. A lawyer can help get to the bottom of the cause of the drug’s defect, help you build a strong foundation for your claim, and provide a number of other benefits to you throughout the claims process.
Benefits of Hiring a Personal Injury Lawyer
A personal injury lawyer will first identify any and all liable parties and how they were involved in the drug design, manufacturing, labeling, or distribution processes that led to the defect and your injuries.
In addition to this task, a lawyer has the knowledge needed to handle your claim and fight for compensation on your behalf, from the initial filing process through defending your claim in court, if necessary.
The following are some of the services a lawyer can provide when handling your claim:
Managing Your Claim
Knowing the laws that affect your claim, the stages of the claims process, and the court system are important components of a defective drug case. A lawyer will understand these aspects of your case and navigate them for you.
Ensuring You Meet Deadlines
As mentioned, each type of lawsuit comes with a statute of limitations, or a time frame in which you can file. In the state of New York, the statute of limitations for personal injury lawsuits is generally three years, according to CPLR § 214.
Working with a lawyer helps ensure you file by the deadline and with all required documentation.
Having Someone to Explain Legal Concepts
The average person does not have the legal knowledge that can be so crucial when it comes to filing a claim. A New York personal injury lawyer can break down legal terminology to help you understand what is happening at all times.
Collecting Evidence
A lawyer can collect evidence in your case to help you prove the responsible party’s liability and how much money your damages may be worth. This evidence can come from a variety of sources, such as your medical records or expert witness testimony.
Communicating with Other Parties
In any defective drug claim, there may be negotiations and meetings with the other side via email, phone, or in person.
A lawyer can handle these communications for you, acting as your legal mouthpiece for all encounters related to your claim. This can help ease any concerns you may have about speaking with the lawyers of the defendant, whether it be a pharmaceutical company or another party.
Possible Damages in a Defective Drug Injury Claim
As a lawyer works to build your defective drug injury claim, they will likely assess all the ways the drug has affected your life. They may consider the following:
- If you needed treatment for any damage caused by the prescription drug
- If you experienced any kind of permanent damage as a result of using the drug, e.g., developing cancer
- If the drug will alter your way of life, such as your ability to work or retain your livelihood
The ways in which the defective drug has affected your life may be added to the compensation you might be able to recover if the defendant is found liable for your injuries.
For example, if you needed treatment, you may be able to claim damages for medical costs. If your injuries were physically or mentally painful, you may be able to claim damages for pain and suffering. If you cannot retain your livelihood, lost income or reduced earning capability may be added to your claim as well.
A lawyer will take a thorough look at all the ways the defective drug has impacted your life and advise you on what damages you may be able to recover.
Filing a Claim for a Defective Drug
While you do not need to hire a personal injury lawyer for your defective drug injury claim, you may see a number of benefits if you choose to work with a lawyer.
Morelli Law Firm represents defective drug injury victims in New York City, on Long Island, and in New York State up to Albany. We work for a contingent fee, meaning if our clients do not win their cases, they do not have to pay us attorney fees. Nothing is due upfront to start working with us.
Morelli Law Firm invites you to call our firm at (212) 751-9800 for a free consultation on your case with a member of our team. The sooner you call, the sooner we can begin helping you with your claim.