A defective drug can cause catastrophic harm. Victims can be left with permanent disability, a worsened medical condition or even death. If you or a loved one are confronting that tragic reality, then you might be wondering where you can turn for help. After all, you want accountability, but you also need financial support to help you offset unexpected medical expenses and lost wages.
Fortunately, you can utilize the legal system to your advantage to try to set things as right as possible. As you prepare to take legal action, though, certain steps should be taken to preserve your claim. Let’s take a closer look so that you know what you can do to strengthen your or your loved one’s dangerous drug lawsuit.
Steps to take to build your defective drug lawsuit
To build the best case possible, a comprehensive analysis needs to be conducted on your claim. Only then will you know the facts of your case and how best to present them to a judge or a jury. With that in mind, here are some steps that can help you get where you need to be with your claim:
- Seek medical treatment: Even if you think your symptoms are mild, you should seek medical care and follow all treatment recommendations made by your doctor. This will not only ensure that your condition is adequately addressed, but it can also create a paper trail of the medical expenses you’ve incurred as well as those that you’re anticipating. This evidence will assist in demonstrating the extent of your damages.
- Track your other losses: The harm caused to you by a defective drug can be extensive and wide ranging. You need to capture all of it. So, be sure to retain receipts tied to your recovery, and keep a journal of your expenses and the impact your harm has had on your ability to enjoy a normal life.
- Gather records: Documentation from the company that made, marketed, or distributed the drug in question is going to be pivotal in building your case. To get your hands on research, development, and marketing records, you’ll probably have to issue a subpoena. Even if the defense is leery to comply with your request or they become aggressive in their attempt to block it, don’t give in. You should have access to the information you need to build your claim.
- Preserve evidence: Keep everything pertaining to the drug that harmed you. Keep prescriptions, bottles, and any remaining medication that you might have. You can also retain any marketing materials your received and additional information given to you by your doctor to show how it was misleading, inaccurate, or incomplete.
- Talk to experts: Defective drug litigation is highly specialized and scientific in nature. To help the judge and jury understand the issues with the drug at hand, it’s best to have testimony from an expert who can boil them down into layman’s terms. Such an expert can also provide insight into applicable standards and how the defendant violated them.
- Consider legal assistance: Given the complexities of these cases, many victims find it helpful to have an advocate on their side. While you certainly don’t have to go this route, it’s something you’ll want to consider as you analyze the challenges of your case and what you hope to get out of your claim.
Don’t be afraid to act on your defective drug claim
Taking legal action can be frightening. The process can be riddled with uncertainty, and it takes time, effort, and patience to get through it all. That can be tough to handle when you and your family are simply focusing on recovery.
Yet, a strong defective drug case can set you up for success, providing you with the closure and compensation you want and need. To learn more about what it takes to get through defective drug litigation while maximizing your chances of success, please continue to browse our website and read our blog for more information.