Will My Drug Injury Lawsuit Be Part of a Class-Action Lawsuit?
A drug injury lawsuit can potentially become part of a class-action lawsuit, but it isn’t always the case. This largely depends on the specifics of your claim and the injury’s nature and scope.
In a class-action lawsuit, a group of people who have suffered similar harm due to the same product or action come together to sue the responsible party. If your drug injury is similar to those suffered by a larger group of people due to the same drug, and if these individuals have decided to sue collectively, your lawsuit could become part of this lawsuit.
However, joining a class-action lawsuit may not be suitable, especially if other people have experienced varying illnesses from the same drug. In this situation, you may proceed with a mass tort or a product liability claim to help you pursue full compensation.
An experienced Appleton drug injury attorney can guide you on the best legal option for your claim. They will help you weigh the potential benefits and drawbacks of joining a class-action lawsuit versus filing a lawsuit on your own based on the specifics of your case.
Every type of drug injury lawsuit has its unique characteristics and legal implications. Understanding the difference between defective product claims, class-action, and mass torts is essential in determining the most suitable path for your case.
- Defective Product Injury Claims
Defective product injury claims arise when a drug, designed to heal or alleviate symptoms, causes harm due to a defect. This could be a manufacturing error, inadequate warnings about potential risks, or a design flaw. Wisconsin’s strict product liability law does not require an injured party to prove a manufacturer’s negligence. Instead, they only need to establish that a defective product existed.
However, the burden of proving a product’s defect lies with you when filing your claim. Wisconsin law requires plaintiffs to demonstrate the following elements in their cases:
- The product was unreasonably dangerous
- The defect existed when it left the manufacturer’s control
- The product hadn’t been substantially modified
- The defect caused damages
Testimony from expert witnesses may be necessary to connect the product defect to your injuries. They may need medical documentation, which can take time to recover from your healthcare facility.
- Class-Action Lawsuits
Class-action lawsuits are collective legal actions in which a group of individuals injured by a drug comes together to sue the responsible party. The benefits of a class-action lawsuit include lower legal costs and the potential for collective bargaining power.
However, the number of plaintiffs in class-action lawsuits and the compensation the court considers appropriate can result in smaller individual settlements. The process can take longer due to the complexity of managing a larger group of claimants.
- Mass Tort Actions
In a mass tort, a large number of individuals who have suffered various injuries due to a defective drug file individual lawsuits against the responsible parties. Mass torts involve a legal procedure called multidistrict litigation (MDL) to address the claims of individual plaintiffs. In an MDL, each plaintiff receives compensation as an individual case, but common claims are consolidated before a single judge.
Despite this, mass torts can be difficult to manage because they involve multiple plaintiffs and a large amount of evidence. They can be lengthy, take years to resolve, and are frustrating for plaintiffs requiring compensation to cover their damages and injuries.
At Brian Hodgkiss Injury Lawyers, we understand that every client’s situation is unique, and determining how to proceed can be challenging. We consider the following elements in your case:
- Nature of the case: We will investigate your case by reviewing evidence and speaking with expert witnesses to determine whether you can file a product liability claim or join a class-action or mass tort lawsuit. For example, a product liability claim may be appropriate if a defective drug injures you. If the exact product has harmed many people who suffered the same injuries, participating in a class-action lawsuit may be right for your case.
- Severity of the harm: The severity of the harm caused by the product is an essential factor to consider. If a drug causes a range of injuries and illnesses among several people, your lawyer could advise you to join a mass tort.
We carefully evaluate the severity of your injury, the extent of your financial losses, the number of people affected, and the specifics of the drug defect. With this information, we assess which type of lawsuit potentially offers the most advantageous compensation for you.
Confronting a personal injury due to a defective drug can be overwhelming. As your legal advocate, Brian Hodgkiss Injury Lawyers will provide the legal guidance and dedicated representation you need. Whether your case falls under a defective product injury claim, a class-action lawsuit, or a mass tort action, we will ensure you have every chance of obtaining fair compensation.
Contact a Green Bay drug injury attorney to schedule a free consultation.