What happens during a pharmaceutical negligence lawsuit?

The first step in a pharmaceutical negligence claim is for the injured person to consult with an attorney to learn more about their rights and decide on the best course of action. The attorney will file a lawsuit on the injured person’s behalf if they both determine that it is in the injured person’s best interests to do so.

After a lawsuit is filed, a period of discovery begins, during which both sides have the opportunity to gather evidence from each other and from other sources. If the lawsuit is against a doctor, pharmacy or pill mill, the injured person’s attorney will demand records that may support his or her case. Witnesses will also be interviewed. This process allows both sides to determine the strength of the case, and it may lead to a settlement offer.

The vast majority of lawsuits settle before trial. However, if a settlement is not reached, then the lawsuit will go to trial, and a jury or judge will decide either for the injured person or for the defendant. The injured person’s compensation comes from settlement proceeds or a jury award.

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