the advocates helping hand

Defective Drug Lawyer | Montana


How do I know I have a case?

One of the best ways of determining if you have a case is knowing who was at fault. With defective drug cases, often the FDA will release a recall warning demonstrating the pharmaceutical company was at fault. In other cases, it can be a little more challenging to know. Because each drug case is so different, speaking with an attorney will be the best way to know if you have a case. Your attorney will examine your case and let you know if it is worth pursuing.

How long will the process take?

It is hard to give a specific time line regarding individual cases. The legal process largely depends upon the severity of your injuries and side effects. It wouldn’t be in your best interest to reach a settlement if you still have future medical treatments for your injuries. We want to ensure that you are compensated for all of your injuries.

How much this cost me?

You will not have to pay anything up front. The Advocates Law works on contingency meaning we only get paid if we help you reach a settlement. Our fees are a percentage of the overall total of the compensation you receive.

Defective Drugs Settlements and Verdicts

A defective drug can be defined as any medication (prescription or over-the-counter) that causes physical, emotional, or psychological harm to the user.  Although many prescription drugs can help facilitate healing and well-being, these drugs can also cause immense harm and suffering.  Sometimes, the adverse side-effects resulting from taking a drug can cause irreparable damage.

Various groups are responsible for the drugs we take.  The pharmaceutical industry makes billions of dollars annually from prescription drugs that benefit the lives of millions of people.  For the pharmaceutical company to release a drug, it must undergo the necessary testing before it can be approved by the Food and Drug Administration (FDA).  It is important to note that the FDA does not approve drugs for widespread consumption for everyone.  Rather, they allow doctors to prescribe certain doses for patients manifesting specific symptoms.

An arm of the FDA titled the Center for Drug Evaluation and Research (CDER) is the main consumer watchdog in the system.  The FDA has a strict procedure guiding policies, guidelines, and standards for allowing drugs on the market.  The submission process includes potential side effects that must be disclosed to the FDA and printed on the label of the drug to inform consumers of any risks from taking that medication.

Similarly, other groups are responsible in this process as well.  Medical professionals, including doctors and nurses are vital in certifying that they are prescribing a medication that will help with injuries or illnesses.  Pharmacists also have a responsibility to ensure that you are given the correct medication and dosage.

Defective Drug Statistics in Montana

Adverse drug events (ADEs) are a severe health concern in the United States.  The Centers for Disease Control and Prevention (CDC) report that nearly 82% of American adults take at least one medication.  Of these adults, 29% take five or more.  With such high percentages of adults using medications, this increases likelihood for ADEs and other related problems.

ADEs affect millions of people annually.  Each year, nearly 700,000 emergency room visits and 120,000 hospitalizations are due to ADEs.  This results in and estimated 3.5 billion dollars of extra medical costs relating to ADEs.  Similarly, at least 40% of costs of ambulatory (non-hospital settings) ADEs are approximated to be preventable.  Further, the CDC theorizes that adverse drug events will continue to grow due to the development of new medications, the discovery of new uses for older medications, the aging American population, the increased use of medications for disease prevention, and the increased coverage for prescription medications.

How Would A Personal Injury Lawyer Help Me?

Personal injury cases related to defective drugs and medicines can be extremely complex.  Generally, pharmaceutical companies have a robust team of lawyers who will try to lessen or trivialize your case.  Plus the frequent use of medical jargon can be intimidating.  Choosing a personal injury attorney who is experienced and able to defend you is vital.  At the Advocates Law, there is an emphasis on communication, therefore, your attorney will be able to explain the process to you.  An advocate from the Advocates Law can help you navigate this difficult terrain.

Personal injury cases, especially those dealing with defective drugs require an intense attention to detail on the part of the attorney.  It involves lots of documentation, bureaucracy, and a great deal of time.  Your personal injury attorney can help you attend to the necessary paperwork, negotiate with the pharmaceutical companies, and help resolve other aspects of your claim.

What Is My Personal Injury Case Worth?

Every case we handle is unique and specific to the individuals involved.  Because of this, determining the value of a personal injury case, in advance, can be difficult.  There isn’t some advanced formula that helps attorneys calculate what is due.  Instead, we encourage you to speak with a personal injury attorney directly.  He or she will be able to assess your case based upon the particular details.  In general, personal injury attorneys will evaluate current and future medical expenditures, current and future lost earnings, and other items.  Each of these specific fine points will help give an overall depiction of what your case is worth.

Statute of Limitations

The statute of limitations in the state of Montana is three years for personal injury claims.  This deadline includes defective drug cases.  With defective drug cases, in most states, the time period does not start until the person injured discovers his or her injury.  The deadline is pretty rigid and cases after the deadline are generally dismissed.

Free Consultations / Contingency

The stresses of defective drugs can be trying.  You should not consider a personal injury attorney another stress.  An experienced advocate can give you needed confidence amid doubt and uncertainty.  The Advocates Law offers free consultations.  You can call, email, chat online, etc.  You will be able to speak directly to an attorney.  They will help you understand what you should do next.

At the Advocates Law, our attorneys work on a contingency basis.  This means you will not be charged unless you get the settlement you deserve.