Whether you purchase it over the counter or have it prescribed to you by a doctor, you have a right to expect that every medication you take will function more or less as advertised and that you will be properly informed of any side effects associated with that medication. Most drugs sold and prescribed in the United States meet this basic standard without any issue, but hundreds of drugs, unfortunately, do not, with more being released for sale every year.
Drug manufacturers have a legal “duty” to ensure their products are reasonably safe, but enforcing that duty and getting compensated for losses caused by a defective drug is far from simple. Retaining and working with a skilled South Elgin dangerous drugs lawyer may be a virtual necessity when you want a shot at getting fair restitution from a drug manufacturer. Reach out to our trusted personal injury attorneys to begin reviewing the details of your claim.
How Do Dangerous Drug Lawsuits Work?
The companies that make and sell medicines and other medical products in Illinois are strictly liable for the following:
- Harm caused by fundamental problems in a product’s design
- Errors made during a product’s manufacture or assembly
- Failures by the product’s marketing to properly disclose all known risks and hazards associated with normal use of the product
An allegation that a drug company either failed to research their product enough to discover a harmful side effect or knowingly failed to disclose a side effect to consumers is the most common cause of action for dangerous drug litigation.
Mass Tort Claims
Since drug companies have a great deal of money to devote to contesting product liability lawsuits, and dangerous drugs often affect hundreds—if not thousands—of people at once, it is rarely the best course of action for a single person to pursue a lawsuit against a drug manufacturer by themselves. Instead, these kinds of claims typically proceed as “mass tort” litigation, in which multiple people who were hurt by the same defendant in roughly the same way combine their resources to pursue their own separate claims with support from each other or to demand a single settlement to be split among all of them. An experienced attorney in South Elgin could help people who suffer injuries and illnesses because of dangerous drugs understand their legal options for pursuing compensation.
Statute of Limitations for Hazardous Medication Lawsuits
A successful dangerous drug claim can include restitution for both economic and non-economic losses, including medical expenses, lost working ability or income, physical and psychological suffering, and lost overall quality of life. However, people injured by defective drugs have a limited amount of time after discovering the harm they sustained to take legal action over it.
Specifically, 735 Illinois Compiled Statutes § 5/13-202 gives most personal injury victims—including those injured by defective or dangerous consumer products—a maximum of two years to begin filing suit. This is one reason among many why hiring a dangerous drugs attorney in South Elgin sooner rather than later after a medication causes you harm is crucial to getting a favorable case result.
Consider Working With a South Elgin Dangerous Drugs Attorney
Injuries and illnesses caused by dangerous consumer medications can be challenging to recover from physically and even harder to pursue financial restitution for. Fortunately, you have help available with the latter pursuit from seasoned legal professionals who know from past experience how to fight against pharmaceutical companies and win on behalf of regular people like you.
A conversation with a South Elgin dangerous drugs lawyer could be a vital first step toward fair compensation. Call today to schedule a meeting.