Holding Drug Companies Accountable: Filing a Dangerous Drug Claim

Dangerous drugs are a very real concern. They shouldn’t be, but they are. Each year, dangerous drugs harm countless patients across the United States, and tragically, they cause numerous deaths that could—and should—have been avoided.

If you or a loved one has been harmed by a dangerous drug, what are your legal rights?

Patients and families who have suffered losses caused by dangerous drugs have clear legal rights under product liability laws that exist in Florida and states across the country. These laws hold drug companies accountable for selling dangerous drugs, and they entitle victims and their families to financial compensation. Compensation awards in dangerous drug cases are often substantial—as they cover not only the costs of treatment but victims’ lost earnings, pain and suffering, emotional trauma, and other financial and non-financial losses as well.

10 Key Steps in a Dangerous Drug Claim

Filing a dangerous drug claim is not an easy process. In fact, it is extremely complicated. But, it is also extremely important. Not only does filing a dangerous drug claim allow you to recover the financial compensation you and your family deserve, but it also affords you the opportunity to help protect others who might otherwise experience similar consequences.

Here is a brief overview of the process:

1. Making Sure You Have Your (or Your Loved One’s) Prescription or Drug Container

The first thing you should do is make sure you have your (or your loved one’s) prescription or drug container (or both). If you don’t, that’s okay—your lawyer will be able to obtain them—but it will help if you can bring one or both to your free initial consultation. These will be key to proving your legal rights, and they will serve as critical evidence in your dangerous drug claim.

2. Talking to a Dangerous Drug Lawyer

You will need to hire a lawyer to file your dangerous drug claim, and it will be best for you to speak with a lawyer as soon as possible. You should choose a lawyer who has specific—and extensive—experience handling dangerous drug cases. As we mentioned already, these cases are extremely complicated, so you need a lawyer who knows what it takes to recover the financial compensation you and your family deserve.

3. Giving Your Lawyer Authorization to Contact Your (or Your Loved One’s) Medical Providers

Regardless of whether you have your (or your loved one’s) prescription or drug container, your lawyer will need to obtain various additional forms of evidence from your (or your loved one’s)  medical providers. With this in mind, once you hire a lawyer to represent you, you should expect to sign an authorization form that allows your lawyer to obtain the documentation he or she needs. This will help streamline the process, and your lawyer will only use your medical authorization in connection with your dangerous drug claim.

4. Determining If the Dangerous Drug Has Been Recalled

It will be important to know if the drug that harmed you (or your loved one) has been recalled. A recall isn’t necessary to file a dangerous drug claim, but if the drug in question is subject to a recall, your lawyer may be able to use this to your advantage. You can search the U.S. Food and Drug Administration’s (FDA) recall website, or you can rely on your lawyer to do this for you.

5. Finding Out if Similar Lawsuits Are Already Pending

Along with determining if the drug in question is subject to a recall, you will also want to find out if similar lawsuits are already pending. If so, you may be able to join a class action or mass tort case that is well underway. This can help streamline the process as well, and if you are eligible to join an ongoing multi-district litigation (MDL) proceeding, your lawyer will still be able to seek the full compensation to which you are legally entitled.  

6. Filing Your Dangerous Drug Lawsuit

Whether you are eligible to join an existing case or you need to start from the beginning, the next step will be to file your dangerous drug lawsuit. Your lawyer will prepare and file your lawsuit on your behalf, relying on his or her experience to pursue all appropriate claims against the drug company and any other parties that may be accountable.

7. Going Through the Litigation Process

At this point, the process usually slows down. The litigation process takes time, and, to a large extent, the timeline will be beyond your lawyer’s control. But your lawyer will be able to keep the process moving forward, and your lawyer will keep you updated along the way.

8. Keeping Track of Your Financial and Non-Financial Losses

While your lawyer is keeping your defective drug case moving forward, you will want to keep track of your financial and non-financial losses. Your lawyer can help here, too, but the more documentation you can keep, the better. This includes not only keeping your bills, receipts, and employment records but also keeping a journal where you record the day-to-day impacts of your diagnosis or your loved one’s untimely passing.

9. Deciding When (and If) to Settle Your Dangerous Drug Claim

Most successful dangerous drug claims settle, and there may come a time when you need to decide whether settling is your best option. If this time comes, your lawyer will help you make an informed decision with your family’s long-term best interests in mind.

10. Taking Your Dangerous Drug Claim to Court if Necessary

If you don’t receive an acceptable settlement offer, the final step in the process will be to take your dangerous drug claim to trial. Your lawyer will handle this part of the process as well, and before your trial date arrives, your lawyer will make sure you are fully prepared for what to expect in court. While going to trial is rarely necessary, it is important to keep in mind that this is a possibility.

Schedule a Free Consultation About Your Dangerous Drug Claim Today

Do you have a dangerous drug claim? Contact us to find out. To schedule a free, no-obligation consultation with a dangerous drug lawyer at Searcy Denney, please call 800-780-8607 or request an appointment online today.