How a Settlement Offer Works in a Dangerous Drugs Lawsuit

After you file a defective drugs lawsuit, the defendant may consider a settlement proposal. By offering a settlement, the defendant can avoid litigation and brand reputation that can come with it. In addition, the defendant may propose a settlement in which you receive only a fraction of the damages you request in the first place. 

It can be tempting to accept a settlement, since doing so allows you to close your case. On the other hand, you need to consider the ramifications of doing so. If you accept a settlement, you are forced to:

• Give up your right to seek the most damages possible
• Forgo a trial in which you can show the defendant is fully responsible for your illness or injury
• Sacrifice compensation you can use to cover the short- and long-term costs associated with your illness or injury

Your attorney will keep you up to date if you receive a settlement offer. Even though you are responsible for deciding whether to proceed with a settlement, your lawyer can help you make an informed decision about it. If you consider your lawyer’s perspective, you can weigh the pros and cons of a settlement and decide if it meets your requirements. 

The Amount of Time You Have to File a Dangerous Drug Lawsuit in North Carolina

For dangerous drug lawsuits in North Carolina, there is a three-year limit in which you can seek damages. This window opens on the day you discover your illness or injury. If you do not file a personal injury lawsuit within this time frame, you lose the opportunity to request damages from any at-fault parties. 

If you are debating whether to file a dangerous drug lawsuit, consult with an attorney. At this time, your lawyer can review your legal claim and offer tips and recommendations on what to do. Your lawyer will urge you to move forward with a lawsuit if you have a compelling argument.

The best argument in a dangerous drug case is built around evidence and witness testimony. When you meet with an attorney, share all of the facts surrounding your case with this legal professional. Then, the attorney can find out if you have enough evidence and witness testimony to move forward, or if additional work may be required before you file your lawsuit. 

Evidence and Witness Testimony You Can Provide in a Defective Drug Case

There is no shortage of evidence and witness testimony you can use in your defective drug case. Common types of evidence utilized in defective drug cases include:

• Medical records that illustrate the impact of your illness or injury and how it may affect you in the years to come
• Medical bills that highlight the financial impact of your illness or injury on your bottom line
• Pay stubs that show how much money you are losing due to the fact that you cannot work due to your illness or injury
• The defective drug itself, including any packaging or instructions that indicate the product was unsafe

Along with these forms of evidence, you can seek a medical professional who can testify for you during your trial. This professional can attest to the pain and suffering a dangerous drug has caused you to incur. You can also seek witnesses that are familiar with your defective drug illness or injury and can explain how it impacts you day after day. 

Your lawyer will help you collect and assess evidence and look for prospective witnesses. It requires hard work and persistence to find pertinent evidence and witnesses that can help you win or settle your case. Regardless, your attorney is committed to your legal success and does what is necessary to ensure you can present evidence and witness testimony that supports your claim. 

How to Determine What to Request in Damages in Your Dangerous Drug Lawsuit

You are under no restrictions as far as economic and non-economic damages go in your North Carolina defective drugs case. A plaintiff can request any amount of economic and non-economic damages in personal injury lawsuits in North Carolina. Your lawyer will encourage you to submit a request for a reasonable amount of damages. 

There are many reasons why you can pursue damages as part of a defective drug lawsuit, such as:

• Emotional distress
• Pain and suffering
• Lost wages
• Medical bills

Your damages to date may total tens of thousands of dollars. In this scenario, your attorney will urge you to pursue the maximum amount of damages. If your lawsuit is successful, you can secure damages that will help you cover the immediate and long-term expenses associated with your illness or injury. 

What Will Happen When Your Dangerous Drugs Lawsuit Goes to Trial

It may be months or years before your dangerous drugs lawsuit goes to trial. You and the defendant can negotiate a settlement to avoid a trial. If no settlement agreement is reached, you and the defendant receive the opportunity to present your argument to a judge or jury. 

A dangerous drugs trial can require hours or days to complete. During your trial, your attorney will:

• Present evidence to support your request for damages
• Question witnesses that are testifying on your behalf
• Dispute evidence and claims from the defendant’s lawyer
• Cross-examine witnesses presented by the defendant’s attorney
• Offer a closing argument designed to convince a judge or jury that you should be awarded full damages

A judge or jury does not rush through the process of making a decision in a defective drugs case. Evidence and witness testimony are evaluated, and the perspectives of all parties involved in the case are considered. Finally, a judge or jury will render a verdict, which determines if you will be awarded damages. 

How Damages Are Awarded in a North Carolina Dangerous Drugs Case

If a judge or jury believes a defendant is responsible for the plaintiff’s illness or injury, it may award full damages. When this happens, the plaintiff receives 100% of the damages that were requested. Once the defendant pays the plaintiff, the case is settled. 

Comparatively, a defendant may overwhelm a judge or jury with evidence and witness testimony to support their argument. This can lead a judge or jury to rule against a plaintiff. Fortunately, a plaintiff can still file an appeal. 

Your attorney will do everything possible to make sure your argument is strong. In the event that an appeal is required, your lawyer can help you submit your request for a court to reconsider its initial decision. It is difficult but not impossible to get the court’s original decision overturned, and your lawyer will do what is necessary to help you do just that. 

What to Look for in a Dangerous Drugs Attorney

For those who are interested in filing a defective drugs lawsuit, consider all of the available legal options. It is paramount to hire a dangerous drugs lawyer that:

• Is familiar with North Carolina’s dangerous drugs laws
• Can teach you about the legal process and all that it entails
• Understands your point of view and why you are pursuing damages from any at-fault parties
• Can explain legal terms and definitions to you
• Will respond to any legal concerns and questions you have

Meeting with an attorney is a great starting point. This allows you to share your thoughts about your defective drugs case with a lawyer and get this legal professional’s insights into it. If you believe an attorney is the right choice, you can hire this legal professional and move forward with your lawsuit.