Steps To Getting A Defective Medical Device or Drug Settlement

If you have been injured by a medical device or drug, it can be confusing to know where to go for help. At Periscope Group, we have a team of advocates here to talk with you not just about your claim, but who also want to hear your story and answer any questions you might have. We work with you to understand if a law firm is likely to take on your case, and if so, put you in touch with the very best attorneys equipped to take on big pharma companies. Here is what you can expect in this legal process:

Getting a settlement for a defective medical device or drug is easier than you would think.

Collecting Initial Information

Once the firm gets a copy of your initial paperwork, they will go through your intake file and begin proving up your case to its maximum potential. They may call you to confirm certain medical information, and this is a good time to ask any additional questions you may have. When they call, it's important that you return their call and get as much of the information that they need. The more you help them to prepare, the harder they can be working to get you the best outcome.

Settlement Letter & Negotiations

If you qualify and if your lawyer can negotiate a settlement that all parties can agree on, then you will receive your financial settlement. In order to understand what that settlement should be, the firm will work with you to discuss your injuries and losses. This discussion will encompass your treatment, recovery, and summarize your medical expenses and loss of wages. Almost all cases end at this step and you’ll have your settlement because recalls and other cases may have proven that the drug or device is dangerous, but you have the option to file a lawsuit against them if you don’t like the settlement. 99% of these types of cases are settled out of court, but you should discuss this with your lawyer. It is your decision alone whether to settle out of court or file a lawsuit.

Filing a Lawsuit

If you and your attorney decide that filing a lawsuit is the best course of action for you and your case, then your lawyer will go to great lengths to prepare you for a lawsuit that he or she believes you can win. You may be called for more information to start supporting the critical facts of your case. Litigations are often lengthy and your lawyer will help you with every part of this process.

Deposition and Discovery

Part of getting you and your case ready for trial is engaging in the discovery process and taking depositions. You can think of this as pre-trial preparations. This is when each party (your firm and the lawyers of the pharmaceutical company) submit questions to each other.The firm will work with you to prepare you to answer these questions. Soon after, the lawsuit will proceed to depositions. This is when the attorneys can ask other parties or witnesses in front of a court to learn more about the facts of the case.

Trial

In just a handful of cases and with your permission, a case will go to trial. The firm will work with you to further prepare your statement and will get help from experts to prepare the case. The trial itself usually lasts about two to five days, but you may get a substantial settlement to help you with the financial compensation that you deserve for your losses.

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