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When you take medication as prescribed, you expect it to help treat your specific medical problem and make it better. However, when drugs are defective, they can wind up doing much more harm than good. Bad drugs can cause serious and life-changing physical and emotional issues such as cardiovascular and respiratory problems, organ damage, neurological damage, mental health issues, and even death. Survivors of defective drug injuries may be left unable to work at a time when they are facing mounting medical and household bills and expenses.
If you or a loved one was injured or someone has died due to unsafe or defective drugs, you may be entitled to compensation for the damages you received through insurance or a lawsuit. However, laws regarding pharmaceutical injuries are complicated, and major drug corporations, their insurance companies, and their lawyers will do everything possible to pay out less than your case is worth or to deny your claim entirely, so it is difficult to go up against them on your own.
Fortunately, you don’t have to fight for fair compensation alone. Help is available from the skilled defective drug injury attorneys at Crain Brogdon LLP, a nationally recognized Dallas personal injury firm. We have the experience and resources necessary deal with large pharmaceutical corporations and their insurance companies and attorneys in order to help win the compensation that will allow you to rebuild your life. Let us take care of all negotiations and legal hurdles involved so you can concentrate on your recovery.
We offer a free consultation to discuss the circumstances of your drug injury and determine the best way to move forward. Call us today to get started.
We have won over $355 million for clients!
When you are injured by a defective or dangerous drug, you are up against one of the most powerful industries in the world, so it is essential to find an attorney who has the skills, experience and resources to fight them. Here are some reasons why we feel our Dallas defective drug attorney at Crain Brogdon is your best choice:
We take on the hard cases, even when a successful outcome may not be as easily attainable. We have a combined 125+ years of experience, and we use it to your benefit.
When dealing with pharmaceuticals, it is important to get started building a case quickly, while evidence is fresh and witnesses can be found. When you have our defective drug injury attorneys on your side, we will get to work on your behalf immediately. We will:
Pharmaceutical companies will ruthlessly try to disprove and deny your claim. Our Crain Brogdon defective drug injury attorneys will fight for your rights and help you obtain the compensation you deserve.
When you’re suffering from drug damage effects, you might not be sure whether you have a viable defective drug case. Most medications have side effects, and you may think you just had a serious reaction.
The difference is that you may have a case if someone’s negligence, carelessness or fault directly caused the problem and your injury. For example, your pharmacist may have prescribed you the wrong dosage, or the drugs may have been mislabeled. In other cases, the manufacturer might not have been honest about the severity or types of side effects people were experiencing.
Defective drug claims can also hinge on severe side effects that come from issues in the manufacturing process. Because the reasons can be so complex and difficult to find, though, your Dallas lawyer must investigate to determine what kind of claim is appropriate.
To win your case, we must be able to prove negligence caused by the party who is the defendant in the case by showing the existence of the following legal elements:
There are many ways that someone’s negligence can cause a drug to be dangerous. Drugs may:
When drugs are manufactured, designed, packaged, or labeled improperly or contain dangerous substances, drug manufacturers or other responsible parties such as testing laboratories, sales representatives from the pharmaceutical company, doctors, and pharmacists may be responsible and held liable for damages you received.
Other examples of negligence include:
Our attorneys will conduct careful investigations to find all responsible parties and hold them accountable, as they all may have assets and insurance that can go toward a settlement.
The many different forms of compensation you can seek in a drug lawsuit are called damages. In a successful drug injury case in Texas, you may be awarded compensation for both economic damages and non-economic damages.
Economic damages are for monetary expenses and losses such as:
Non-economic damages are for losses that don’t have a specific dollar amount but negatively impact your life, such as:
In some rare cases where there was gross negligence, punitive damages may also be awarded to punish the offending party and deter such actions in the future. In Texas, punitive damages have caps, as do claims against the government and non-economic damages in medical malpractice claims. Texas caps non-economic damages at $250,000 in medical malpractice claims and $500,000 if multiple institutions are involved. There are no caps on economic damages.
Defective drug injury cases are complicated, so you are bound to have questions and concerns. Here are answers to some questions our drug injury attorneys are often asked:
What damage amounts can I receive?
There is a wide range of damage amounts that may be awarded in a drug injury case, from the thousands to millions of dollars The amount you recover will depend on the individual circumstances of your case and factors that may include the costs, extent, and severity of your injuries, whether you will require long-term care, and whether a death has occurred from the injury. The skill of your attorneys in building and presenting your case, the availability of insurance and evidence, and the inclination of the individual judge and jury are also factors.
Are there time limits for filing a lawsuit?
Yes. Texas has a statute of limitations (Texas Civil Practice & Remedies Code section 16.003) which sets a deadline for filing a personal injury or wrongful death case. In general, you have two years from the date of the injury or death to file a lawsuit, or the courts are likely to refuse to hear your case.
What if my loved one died from a defective drug?
If the defective drug caused a loved one’s death, our attorneys can help file a wrongful death action seeking compensation for the avoidable loss. Under Texas law, the decedent’s surviving spouse, children, or parents may file a wrongful death lawsuit, or the personal representative or executor may bring a case.
Should I talk to the insurance company?
No, the less you say to insurance companies the better. Drug insurance companies and their lawyers use tactics such as getting you to accept less than you deserve or trying to trap you into saying or doing something to prove you were at fault. Tell the insurance company to speak to your attorney, and let Craig Brogdon handle all dealings and negotiations with insurance.
Will my case be handled individually or as a class-action lawsuit?
That depends on the circumstances and facts of the case and the liable parties involved. some drug injury lawsuits are brought as individual cases, while others are multidistrict cases or class action lawsuits. Our attorneys will examine your specific situation and determine the best way to handle it.
How much will a Dallas defective drug attorney cost?
The good news is that our Dallas defective drug injury attorneys work on a contingency basis, so there are no upfront costs and no fees to you unless and until we win your case. At that point, any fees are taken out of the settlement award.
When you have Crain Brogdon working for you, we will be there for you throughout the entire legal process, answering your questions and keeping you informed about your case.
Drug companies should not be allowed to profit from dangerous medications and mistakes that cause harm. If you have been injured by defective drugs, reach out to a skilled Texas personal injury lawyer at Crain Brogdon, LLP for help. We won’t just represent you; we’ll work around the clock to fight for you and settle for nothing less than the outcome you deserve. We have recovered millions of dollars in compensation for our clients and are not afraid to take on even the most challenging cases.
Do not delay. Defective drug injury cases are complicated, and our lawyers will need ample time to investigate, locate witnesses, build a case, and initiate legal action. You deserve the best, so call us today.
Act now to protect your family’s financial future. Call Crain Brogdon at 214-522-9404 to schedule a free consultation with our Dallas defective drug injury lawyer.
Quentin Brogdon has over thirty years of experience and expertise in the field of personal injury trial law. He is board certified in both personal injury trial law and civil trial advocacy. Quentin has received an AV rating from Martindale-Hubbell, the highest possible rating. This rating reflects an attorney’s ethics and abilities according to reviews from fellow attorneys. [ Attorney Bio ]