Lake County residents trust pharmaceutical companies and drug manufacturers to have good intentions and for the medical products they buy to promote and improve their health. Unfortunately, this can make injuries stemming from dangerous or defective drugs all the more difficult to handle, both emotionally and financially. If you suffer an injury due to undisclosed or underreported medication side effects, contact a Lake County dangerous drugs lawyer as soon as possible to discuss the process of fighting for your rightful compensation.
Large pharmaceutical conglomerates often have access to tough legal teams to defend their cases, so it may be critical that you seek the aid of a skilled personal injury attorney rather than try to represent yourself in court. Call and schedule an appointment today to get started on your case.
Dangerous Drugs and Class Action Lawsuits
Though the Food and Drug Administration is tasked with regulating the pharmaceutical industry, it is possible for harmful drugs to enter the marketplace and cause widespread damage to a multitude of people. As such, it is common for these cases to involve class action lawsuits.
According to 735 ILCS 5/2-801, a class action lawsuit is applicable to drug cases under the following circumstances:
- The drug in question has harmed too many people to make individual cases efficient
- The harm done to all the injured people in the class action lawsuit stems from the same legal issue
- The attorneys for the class of injured people will fight fairly on behalf of all members of the injured class
- The court determines that a class action lawsuit is the most efficient and effective way to handle all the individual cases
In some instances, it may be possible to exclude a potential client from a class action lawsuit if their individual circumstances differ from those of the injured class of consumers. An experienced Lake County dangerous drugs lawyer could help determine whether an individual lawsuit or a class action lawsuit is best for a specific case or a class action suit.
Compensable Damages
Thanks to a 2010 court ruling that struck down a previous damage cap as unconstitutional, Illinois no longer caps or limits the amount of compensation that can be awarded in a personal injury case. This includes cases in which the injury stems from the use of a dangerous drug.
As long as they can prove their injury stems from negligent or reckless disregard for public safety, an injured plaintiff may be able to recover both economic and non-economic damages. The best way to maximize the possible damages an injured person can recover is often by seeking the aid of a knowledgeable Lake County dangerous drugs lawyer.
Economic Damages
Economic damages tend to be the easier category of damages to understand and value, as they often come in the form of bills that injured people must initially pay out of pocket. Medical expenses, lost wages, travel costs, and other straightforward costs are all considered economic damages.
Non-Economic Damages
This category of damages is more subjective in nature, as non-economic damages cover harms that befell the injured party in less straightforward, “billable” ways. Examples of this type of damage include pain and suffering, loss of limb, loss of consortium with a spouse, the emotional toll of disfigurement, and similar injuries and losses.
How a Lake County Dangerous Drugs Attorney Could Help
In dangerous drugs cases, time is usually of the essence. Though the Illinois statute of limitations for personal injury cases allows plaintiffs two years from the date of the discovery of the injury to file, it is usually important for a Lake County dangerous drugs lawyer to start working on the case as soon as possible to preserve and protect relevant evidence.
The pharmaceutical company that produced the drug that harmed you or your loved one will almost certainly have experienced attorneys on retainer, so it is best to get your own legal counsel quickly. With their help, you could work effectively and efficiently toward receiving the compensation that you and your family deserve.
