Frequently Asked Questions (FAQs)
Below are some of the questions frequently asked of the trial attorneys at Langdon & Emison in their Chicago, Illinois and St. Louis, Missouri offices, as they pursue claims nationwide against the pharmaceutical industry for personal injury caused by dangerous and defective drugs.
- How can I know if my illness or injury was caused by a dangerous or defective drug?
- Where can I find a list of dangerous drugs?
- What should I expect from an attorney?
- What is my role in the representation?
- What can I receive for my claim?
- What is the Statute of Limitations in a prescription drug case?
- Is my recovery reduced by any amount I receive from my insurance company to cover medical expenses that I incur as a result of my injuries?
Q: How can I know if my illness or injury was caused by a dangerous or defective drug?
A: It is sometimes difficult to know what has caused you to experience a given condition. Certainly, if you have taken a drug which is currently known or suspected of being dangerous or defective, and you have experienced ill effects, visit with your doctor or contact the attorneys at Langdon & Emison. Our office works with medical experts to help determine the cause of your injury, and to seek compensation from the drug companies if they are responsible.
Q: Where can I find a list of dangerous drugs?
A: Our website contains a list of drugs currently known or suspected to cause a variety of disorders. We also provide links to other resources where you can find further information.
Q: What should I expect from an attorney?
A: Make sure you hire an attorney who is experienced in handling the types of cases relevant to your particular situation. Expect your attorney to help you determine whether you have a case and to present you with a fairly clear picture of the possible benefits and challenges in your lawsuit. Your attorney should listen to your concerns and be responsive to them. You want an attorney who will return your calls and keep you updated on the status of your case. Keep in mind, however, that lawsuits may take many months to resolve, and it is natural for there to be periods of relative quiet.
Q: What is my role in the representation?
A: Generally speaking, the client makes the ultimate decisions in the case, such as whether to accept a particular settlement or proceed to trial, while the lawyer plans the strategy, such as which witnesses to use or what legal theories to pursue. Beyond that important decision-making function, your role includes providing your attorney with all the information he or she needs to conduct a competent representation. Be as open and candid as possible; anything you tell your attorney is confidential, and holding back information can be disastrous to a case. Also, be available to your attorney when you are needed, and notify your attorney whenever you become aware of new information or changed circumstances.
Q: What can I receive for my claim?
A: You are entitled to be compensated for your injuries. Compensatory damages include direct expenses you have incurred, such as medical expenses for tests and treatment, and lost wages from missed work. You are also entitled to "non-economic" damages, such as the pain and suffering or emotional distress the injury has caused you, and qualities such as loss of enjoyment of life, or loss of companionship in a wrongful death case. If it can be shown that defendant's actions in manufacturing or marketing a defective or dangerous drug were intentional or particularly reckless, you may be entitled to punitive damages as well. You may also be able to recover attorney's fees and court costs from the defendant. The precise nature of damages you are entitled to is governed by state law and can be more fully answered after evaluating your claim.
Q: What is the Statute of Limitations in a prescription drug case?
A: A statute of limitations is a rule setting out the time frame within which you may file a lawsuit after you have been injured. If you do not file suit within that time, you will be forever barred from suing on that claim. Time frames differ from state to state, with most states imposing a statute of limitations of one to three years on personal injury or products liability matters.
In a case of a dangerous or defective drug, it may be difficult to pinpoint the date of the injury, because the harm may stem from prolonged usage and exposure, or the injury may occur immediately yet not become apparent until much later, as in the development of a chronic condition which could be attributed to other factors. In such cases, the limitations period generally runs from the date the injury is first discovered or should have been discovered with the exercise of reasonable care. State laws may differ on this point and require interpretation by an experienced trial attorney. In any event, you should consult an attorney as soon as you believe you have been injured in order to meet the statutory limitations period and also to preserve evidence which may be needed at trial.
Q: Is my recovery reduced by any amount I receive from my insurance company to cover medical expenses that I incur as a result of my injuries?
A: The collateral source rule holds that the defendant in a civil case is liable for the full amount of the damages it causes, and any judgment against the defendant is not reduced just because you have received payment from collateral sources. Likewise, the insurance company is not allowed to recover any benefits it paid to you on the basis that you also recovered a civil judgment or settlement in a lawsuit.
Depending upon what state you live in, it may not even be permissible to introduce evidence to the jury that you received payment from other sources. If it is, you may be able to introduce evidence showing that you were entitled to that benefit based upon the premiums you paid pursuant to the insurance contract. An experienced trial attorney will be able to tell you the law in your jurisdiction on collateral payments and how it applies to your case.
To take advantage of our outstanding legal skills and strong national reputation, please contact Langdon & Emison if you or a loved one has been injured by a dangerous or defective drug. We offer a free initial consultation. You can reach our offices by email or by telephone at (800) 397-4910 or (660) 259-6175.
