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Dangerous Drug Lawyers in Alpharetta
Drugs can save and destroy lives in equal measure. The destruction occurs when an individual consumes the wrong dosage or drug. When that happens, Georgia law allows such individuals or their families to take legal action against the responsible party.
If you live in Alpharetta, GA, our dangerous drug lawyers might be able to fight for your rights as a victim of dangerous drugs or a survivor of a loved one who was killed under these circumstances. Contact us for a free case evaluation today to learn more about how the law protects you and how we might be able to help.
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Do I Have a Valid Dangerous Drugs Case?
The answer to this question will depend on the unique circumstances of your case. Consult an experienced dangerous drugs attorney for a case evaluation.
What Are Some Legal Grounds for Filing a Dangerous Drugs Lawsuit?
You may be able to file such a lawsuit for any of the following reasons:
Failure to disclose side effects: You experienced severe side effects after consuming a particular drug prescribed by your doctor. This is especially true if the manufacturer of that particular drug did not disclose its side effects or failed to disclose all known side effects.
Some manufacturers do this to prevent buyers from knowing the truth about the risks involved in the consumption of that particular drug. But, as the consumer, you deserve to know the details of anything that goes through your system. So, if the manufacturer failed to disclose this information even though they knew or should have known about it, you may be able to hold them accountable for their dishonesty.
Failure to conduct adequate testing: Before a drug hits the market and is considered safe for human use, the manufacturer should conduct thorough testing. This is done to ensure that the particular drug will not harm the consumer.
However, it is also important to note that testing is not only the manufacturer's responsibility. Drugs usually go through various stages of testing from one agency to another. If any individuals or parties responsible for testing that particular drug miss out on an important detail, the result could be devastating for the consumer. In that case, Georgia laws allow affected consumers to take legal action against the negligent party.
False advertising: Big Pharma companies make billions of dollars in profits every year. Unfortunately, to some of these companies, profits are more important than the consumer's safety. And, to boost their profits and probably beat the competition, some of these companies falsely advertise their drugs. For instance, some exaggerate what the drug can do, while others fail to disclose their dangerous effects. Whatever the reason, you may be able to hold these companies accountable for their greed and deception.
Selling or distributing dangerous drugs: The truth is that some drugs should not be on the market. This is because they might be too dangerous for human consumption, while others might have outlived their expiry date. But, as mentioned earlier, some drug manufacturers and distributors only think of profits, not safety.
Suppose you or your loved one was harmed after consuming a prescription drug that should not have been on the market in the first place. In that case, you may have a case against the manufacturer, distributor, or anyone else responsible for your injuries.
I Have Been Harmed by a Dangerous Drug. Who Should I Sue?
Most dangerous drug lawsuits target drug manufacturers. However, in some cases, more than one party might be responsible for the harm caused to you or your loved one after consuming a particular drug. In some cases, the drug manufacturer might not even be liable for your injuries.
That said, other than the manufacturer, you may be able to file a dangerous drug lawsuit against:
- The pharmacy that sold the drug to you, especially if the drug had expired or had other defects the pharmacy knew or should have known about.
- The doctor who prescribed the drug to you or your loved one, especially if they knew or should have known about the dangers of consuming that drug.
- The hospital or distributor that sold or distributed the drug to you or your loved one if they knew or should have known that doing so would cause harm.
- Advertisers who misled the consumer about the drug, encouraging them to buy without disclosing the possible dangers.
- The suppliers of the ingredients used to manufacture the drug, especially if they knew or should have known about the dangers of such ingredients.
What Are Some Possible Risks of Dangerous Drugs?
Dangerous drugs react differently when introduced into the human body. Below are some common examples of the risks involved with consuming these drugs.
- Heart attacks
- Bone fracture
- Mental and emotional effects
- Suicidal thoughts
- Blood clots
Keep in mind that most of these complications worsen over time. For example, suicidal thoughts deriving from consuming dangerous drugs can eventually lead to actual suicide. Similarly, the formation of blood clots in the human body system can block the flow of oxygen into the brain. And when the brain lacks oxygen, the cells begin to shut down slowly, causing a coma.
What Damages Can I Claim in a Dangerous Drug Lawsuit?
The damages you may be able to claim will depend on the nature and severity of your injuries. In the past, plaintiffs have been able to claim economic and non-economic damages.
An experienced dangerous drug attorney can help evaluate the damages you may be able to claim based on the specifics of your case. The more damages you claim, the higher the settlement amount. And, given that these attorneys get paid on a contingency basis, they can always help you recover more damages because they will earn more if you win.
What Is a Contingent Payment System?
A contingent payment system is a payment agreement between an attorney and the client. In this system, the attorney agrees to handle the case and the expenses involved on behalf of the client. In return, the attorney deducts a small percentage of the settlement if the client wins the case. If they do not win, the attorney earns nothing in return.
This system allows individuals harmed due to someone else's negligence to seek legal guidance and representation even if they cannot afford to pay attorney fees upfront. On the other hand, it motivates the attorneys to fight for their clients and secure reasonable compensation for their injuries.
What Should I Do if Harmed by a Dangerous Drug?
Seeking medical attention is the first thing you need to do if harmed by a dangerous drug. This can be quite challenging, especially if you are in pain because you trusted the wrong healthcare provider. However, there are many trustworthy, responsible, and reliable healthcare professionals, drug manufacturers, and even distributors out there.
When you seek medical attention, ensure that the healthcare provider knows about the drugs you have been taking. In addition, document every side effect you have experienced after consuming the said medication.
If possible, do not get rid of the medication that harmed you or your loved one. It could be used as evidence when you file a lawsuit against the liable party.
Contact an experienced dangerous drug lawyer immediately. The attorney will review your case and explain your legal options.
What Legal Options Are Available to Dangerous Drug Victims?
There are many different legal pathways you may be able to take depending on the nature of your case. Your attorney will review your case and help you decide the best approach. That said, here are four of the most common legal pathways that could apply in such a situation.
Out-of-court settlement: After building a strong case to support your claim, your attorney will notify the other party about the allegations against them. They will also prove why the other party is liable for the harm you or your loved one suffered. In addition, the attorney will disclose what they consider a reasonable settlement for the injuries sustained. Finally, if everything goes well, the other party might agree to settle the claim out of court.
They will likely want to settle for a lower amount, but this will also depend on your attorney's negotiation skills. If they refuse to settle, the second option could come in handy.
Filing a dangerous drug lawsuit: Lawsuits are not usually a priority when pursuing compensation for damages caused by another party's actions or inactions. In fact, many personal injury attorneys, including those specializing in dangerous drug cases, have settled many of these cases without ever stepping into court. Therefore, your attorney will file a dangerous drug lawsuit against the liable party if the need arises.
If the attorney decides that a lawsuit is the best way to seek justice, they can either file an individual lawsuit, a class action lawsuit, or a mass tort lawsuit. Here is an overview of what these three legal pathways entail.
An individual lawsuit works best if no one else was injured by the dangerous drugs you consumed. In other words, this legal pathway is ideal if your case is unique, such as consuming the wrong medication prescribed to you by your doctor. In such a case, the product manufacturer might not be responsible. Rather, your doctor will.
A class action lawsuit works best if the dangerous drug injures several people. In most cases, the drug's manufacturer, distributor, or even marketer can be held responsible. In a class action lawsuit, multiple plaintiffs are grouped into one class. A lead plaintiff is then appointed to lead the class in the pursuit of compensation. The other class members do not need to do anything about the case.
Once a settlement is reached, the legal expenses, attorney fees, and lead plaintiff's share are deducted. The remainder of the settlement is then shared equally among other class members.
A mass tort works almost the same as a class action suit. The only difference is that in a mass tort, lead plaintiffs are treated as individuals, not a class, despite being grouped together.
How Do I Choose the Right Dangerous Drug Lawyers in Alpharetta?
When looking for the right attorney, chances are you will have so many options to choose from. However, to find the best attorney, it is important that you understand the true value of your case.
Big Pharma companies make billions of dollars every year as profits. As a result, they usually have huge insurance policies to protect them from these lawsuits.
This means two things. First, you may be entitled to a huge settlement, depending on the nature of your case. Secondly, you will need a lot of legal resources to fight these multi-billion companies.
In other words, you will need Morgan and Morgan, the country's largest and most powerful personal injury firm. No other injury law firm in Alpharetta has the resources, experience, and track record of pursuing such cases. And that is because there is only one Morgan and Morgan.
With over $15 billion already recovered and still counting, our attorneys are driven by the need to make our clients feel whole again after so much pain and suffering caused by negligence. If that is what you or your loved one is going through, help is just one click away.
Fill out our free case evaluation form today. Then, if you have a valid case, we might be able to fight for you.