Lawsuits FAQs: Frequently Asked Questions about legal matters
Q: What is a lawsuit?
A lawsuit is a civil action brought in front of a tribunal by people, companies or government entities who want to find a legal solution to their dispute. The litigation begins when a complaint is filed by a plaintiff who seeks legal remedy for the damage or loss he suffered as a result of defendant’s actions. The defendant can now answer to this complaint by formally explaining his side to the court. Both parties file a “pleading” that explain each side of the dispute. If the two parties cannot settle down the dispute among themselves, a trial is then held until a verdict is reached. A judgment in favor of a plaintiff may force the defendant to pay a compensation, or a court order may be issued to award damages or enforce a right. If a party is dissatisfied with the jury’s decisions, it may appeal to a court to review the proceedings and further extend the litigation process.
Q: I suffered an injury caused by a drug or medical device. Is there anything I could do now?
A: If you or a member of your family suffered any harm or injury caused by the effects of this drug or medical device, including emergency hospitalization, permanent damage, serious injuries or death, you should seek legal advice as soon as possible. You have many legal options to ask for compensation.
Q: Who should provide me for compensation for the damage me or one of my loved ones sustained?
A: Pharmaceutical companies that manufacture either branded or generic ondansetron should be held accountable for any damage you or your family members may have suffered. We are not going to sue your doctor, as he was a victim in the first place, as the Big Pharma did not provide him with enough information to understand how dangerous is to prescribe this medication as an off-label drug during pregnancy.
Q: How much filing a lawsuit is going to cost me?
A: Nothing at all. Our lawyers provide their services for free as they work on a contingency basis, meaning there are will be no legal fees unless the case is won in a court and compensation is secured for your family.
Q: How is filing a lawsuit going to help me?
A: If a medication or a medical device caused severe injuries to you or your beloved one, you should expect that a long-term or even life-long treatment may be required. Medical bills can become a significant burden to your family, but if you win your case in court, you can ask for due compensation for any expense you endured, including emotional distress and financial damage due to loss wages and/or funeral expenses.
Q: Who is going to review my case?
A: A specialized injury attorney will review your case for free. Personal injury lawyers fully specialize themselves in fighting legal battles in court against pharmaceutical companies, and will provide you with every detail about your legal options and your chances to receive compensation.
Q: What can I do to protect my evidence?
A: You should protect any vital evidence that you may use in a tribunal to demonstrate your injuries, such as medical records and pathology reports. Healthcare providers only keep these records for a brief time, so you should take immediate action to access and preserve them. Put your hospital on notice as soon as possible by sending a preservation letter, or call us immediately and we will do everything to protect your evidence and legal rights.
Q: What is a Multi-District Litigation?
A: Since a large number of lawsuits have been filed, the Judges consolidated them in a Multi-District Litigation (MDL). However, each plaintiff is entitled to his own attorney, his case will be handled separately, and he will receive an individual settlement based upon his particular injuries and damages caused by the medication. An MDL allows the parties to coordinate document discovery, speed up the proceedings by avoiding unnecessary duplication of depositions of witnesses.
Q: Why should I file an individual lawsuit instead of a Class Action?
Class actions are a simpler and often more straightforward way to resolve a legal dispute that involves a huge number of similar allegations. A “class representative” is chosen who acts on behalf of all the other litigants. Once the jury has decided on a verdict or a settlement is reached, the payout awarded is divided equally among all plaintiffs after the attorneys took their cut. However, people who suffered a more serious injury are amassed with those who received relatively minor harm. The result is then a “low-ball” settlement which may, in some instances, amount to just a few dollars. Our lawyers will file an individual lawsuit against the negligent pharmaceutical company to maximize compensation for all the patients who suffered the most severe injuries, and help them pay the past and future medical expenses.
Q: I don’t like the idea of suing anyone, and I’ve suffered enough to think about going to a tribunal. Why should I do that?
A: We are completely aware that no vengeance against pharmaceutical companies can decrease the pain you suffered because of your injuries or the loss of a loved one. However, we think is anyone’s responsibility not just to make them pay and take full responsibility for their actions, but also to prevent other people from suffering the same fate. Damaging their profits will force pharmaceutical companies to rethink their marketing strategies before releasing an unsafe product to the public. Also, if a lot of people file a lawsuit, there’s a significant chance that the FDA may issue a product recall.
Q: How much time do I have to file a lawsuit?
A: There’s a maximum time limit to file a federal lawsuit defined by every state, known as the “statute of limitations.” However, this timeframe is usually wide enough to let most people who suffered an injury fall into it. If you’re in doubt, fill our form to seek free legal advice from a competent attorney about your legal options. Our lawyers will contact you in just a few hours.
Content written by: Dr. Claudio Butticè, Pharm.D.
Last Updated: 2016/08/05