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Joining a Class Action Suit for Medical Devices or Medications
Admin • Oct 20, 2017
Have you been injured by a medical device or medication? If so, you may be seeking to file a lawsuit. If other people have been injured by the same medical device or medication, there may be a class action lawsuit. If you are considering joining, you may have questions about it. Here are a few of the frequently asked questions you may have about joining a class action suit for a medical device or medication.
How Do You Prove You Have Been Injured By a Medical Device or Medication?
In order to file a lawsuit for injuries sustained due to medical devices or medications, or to join a class action, you will have to prove that you were injured by the products. In many cases, this can be challenging.
You may have to seek treatment from a medical professional who will testify that you did not have any of the problems before using the medication or the product, and that the product could have caused the injuries you are claiming.
A great attorney can help guide you to the right medical specialists to substantiate your case.
What Are the Benefits to Suing as Part of a Class Action? If t
here is a class action suit that has already been filed for the medication or medical device that injured you, you have the option of joining the class action lawsuit or opting out and filing a claim on behalf of yourself. There are many benefits associated with filing as part of a class action.
One of the benefits to suing as part of a class action is that the burden of proof is often reduced. When you are filing an individual lawsuit, you have to be able to prove that you were injured by the product or medication. This can be challenging if you are the only affected person.
When you file as part of a class action, you have hundreds or thousands of other affected parties. It is harder to argue the medication or device didn't cause the injuries when injuries are similar.
Another benefit is that litigation costs are typically cheaper. The costs for the attorney and court filings are divided up among the class. This helps to decrease the litigation costs associated with the lawsuit. You may also receive a higher percentage of a settlement or award when you settle or receive an award as part of a class action lawsuit versus an individual lawsuit.
The last benefit to joining a class action is that the class has greater negotiating power. Class action lawsuits are often discussed in the media and affect hundreds or thousands of people. The bad publicity puts your class in a better position to settle and to receive compensation.
How Much Does it Cost to Join a Class Action Lawsuit?
If you have decided to join a class action lawsuit, rather than filing an individual case, you may wonder how much it costs. Class action lawyers work on a contingency basis, so they get a portion of the settlement awarded to the class rather than taking money directly from you.
If you are short on money, do not put off consulting with an attorney due to your lack of funds. Class action lawsuit attorneys do not charge you any money upfront or during the duration of the claim.
If you have been injured by a medical device or medication, you may want to seek representation to help you. Here at William C. Poole, LLC, we can help you determine if you have enough evidence to win a claim, whether a class action lawsuit has been filed for the device or medication that injured you and whether a class action or individual lawsuit is best in your situation.
Contact us
today to schedule a free consultation.
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