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Clark Love & Hutson

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The Nationally Recognized Plaintiffs Litigation Law Firm

Key steps in defective drug litigation

On Behalf of | Sep 15, 2023 | Dangerous Drug Litigation |

If you’ve been harmed by a defective drug, you’re probably looking for accountability and compensation. A lawsuit against the party responsible for your harm is justified in these instances and is the best way to reach your goals.

However, the legal process involved in defective drug litigation can be complex, cumbersome and confusing, thereby leaving you unsure of what the future has in store for you.

In this post, we will briefly look at some of the key portions of this litigation so that you know what to expect moving forward.

The key steps in defective drug litigation

The first step in your case is to file your claim. There are specific requirements that have to be met here, and you’ll want to ensure that your pleading adequately argues all appropriate statutory elements. You’ll want to be detailed in this filing, too, so that the defense is on notice of what it is that you’re claiming.

Once your claim is filed, here are some of the biggest steps in your case:

  • Discovery: This is the process where the plaintiff and the defense exchange information to ensure that everyone is prepared for settlement negotiations and trial. That said, the parties involved in your case may not be as compliant and forthcoming as you hope. In fact, in a lot of cases, the defense tries to block certain forms of discovery, so you have to know how to counter their arguments.
    There are several ways to utilize the discovery process to your advantage. By subpoenaing records, you might find information to help you illustrate how the drug in question was dangerous or how its maker missed red flags that should’ve been addressed. Through depositions, you can lock witnesses into testimony before trial so that you know exactly how they’ll testify. If they then stray from their depositional testimony, you can call them out on that. Be sure to use the discovery process to the fullest extent possible, even if it’s going to take a significant amount of time.
  • Pre-trial motions: Depending on the facts of your case, there might be a number of pre-trial motions filed. These motions can seek to give you an advantage going into trial, whether that be blocking the defense from using some of its evidence or asking for summary judgment based on no dispute as to material facts and a right to judgment by law.
  • Settlement negotiations: Before your case heads to trial, you’re bound to receive settlement offers. You’ll want to be careful here to ensure that you’re not pouncing on one of these offers prematurely, thereby cutting off your ability to fight for what you deserve. So, be prepared going into your settlement negations with clear goals and a willingness to push back to get what you want.

Know how to aggressively pursue your case

This is a broad overview of just some of the aspects of your case. There’s a lot more that goes into defective drug litigation, as these cases are often complex. That’s one reason why now is the time to start building your case and coming up with the legal strategy that you think is right for you. Only then can you rest assured that you’re doing the best you can to fight for the outcome that you need and deserve.