How to Start a Claim for a Class Action Lawsuit
Consumers have a right to sue a drug company if they were were either hurt or suffered severe distress due to a side effect of the medication that wasn’t properly disclosed.
Consumers also have the right to sue drug companies if they have advertised the medication for uses other than what it was originally approved for for and the consumer and the consumer suffers serious risks that were not disclosed.
If you think that other people have suffered in the same way or are likely to have this problem in the future, you can have your lawyer file to have your lawsuit made a “class action” lawsuit. If you and your lawyer filed this lawsuit, you would be the lead plaintiff.
Your lawyer will need to make a formal legal filing that describes what damages you think were caused by taking the drugs, and the requirements that should be used in deciding which people make up the “class.” The lawsuit is not officially a class action lawsuit until the judge in charge of the case makes that decision.
At this point, your attorney will have to send out court approved communications to people it think are likely to be considered members of the class, informing them of the lawsuit and the rights they have to participate or to decline to participate in the lawsuit. Extensive advertising campaigns are often used to make sure sure anyone who could be a member of the class knows about the lawsuit.
Once members of the class have been certified by the court, the trial can proceed. Class action lawsuits typically take several years before a final decision and settlement is reached.
When discussing a potential lawsuit against a company your lawyer should:
- Determine how many other people suffer the same injury
- Determine whether there is an existing class action lawsuit
- Find out if your suit would fall within the statute of limitations
- Review prior verdicts regarding lawsuits that involve similar claims
- Make sure whoever you want to sue is not protected
- Determine if an individual lawsuit or a class action lawsuit would be better for you