Where Do I Begin?
First, understand the definition of “product liability”. A product liability, in this case referring to methylphenidate or Ritalin, means that a product you used correctly caused extreme and unusually long-term damage to you or a loved one in some manner. If you indeed have reason to believe that you have been injured due to the correct and medically prescribed usage of Ritalin you need to consider several issues before filing a product liability lawsuit.
What Is the Statute of Limitations?
The statute of limitations determines the length of time in which you have to file suit against the defendant, in this case it will likely be Novartis AG. This statute is different in every state and it doesn’t last long so it is in your best interest to act quickly.
Who Is Eligible?
Anyone who has been damaged through the proper use of Ritalin is eligible to bring suit against Novartis. However, it is wise to have this decision confirmed with your doctor or another medical advisor, especially if you suffer from other disorders or illnesses aside from those for which you were taking Ritalin. Your injuries may be due to a factor other than methylphenidate.
Questions to Ask Before Hiring a Product Liability Attorney
- Will it cost me a lot of money to file a Ritalin lawsuit? It depends on your attorney and even on the state where you live. Many product liability cases use a “contingency fee”, meaning your attorney only gets paid in the event that you win your case. If you do win, then your attorney receives a percentage of your settlement.
- What do I need to provide to my lawyer? There is a long list of documents your lawyer needs in order to accurately represent you in court. Some of these documents include your methylphenidate; medical receipts; copies of your medical records; time you missed from work; a journal wherein you documented all of your experiences since beginning the drug. There may also be other documents your lawyer will ask you to provide.
Finding a Qualified Product Liability Attorney
Frequently word of mouth is a reliable means of finding a good legal representative. A trusted friend or relative who has had cause to use and successfully win a product liability case with an attorney is a good place to start.
If that isn’t possible, go online and search for one. There are a plethora of organizations available in your state that can assist you with your case and even offer you the telephone numbers of former clients who are willing to testify on the law office’s behalf.
Make sure that the lawyer who represents you is a fully qualified graduate of an accredited law school and has passed all required bar exams. Of course it is preferable to find someone who has extensive experience with product liability cases.
By completing the “Contact Us” form located on this page, you will receive information from lawyers in your area who are expertised in product liability and are able to assist you.
Understanding Settlements
It can be more difficult to win a product liability case than you might think. Keeping a journal and documenting everything in terms of your Ritalin use from the time you began it, until the time you discovered personal injury is very wise. If you haven’t done so then begin now.
If you did not use your medication in the proper manner that was suggested to you by both your medical advisor and the instructions that came with the product, then Novartis AG may not be held liable. In other words, if you don’t use the drug properly you will be held responsible for your own injuries and you will not be allotted a settlement.
In the event that you do win your case, congratulations! That said, there are different types of settlements your lawyer may pursue although you may not be awarded all of these:
- Punitive damages – lately many jurisdictions are limiting punitive damages. These damages are brought against the defendant in an effort to dissuade the defendant not to commit any such act again in the future. In many regions there is a constitutional limit on punitive damages; however, this is not true of federal cases.
- Compensatory damages – these damages are the most likely for you to receive in the event that you win your case. They will cover your medical bills and time away from work due to side effects from Ritalin use.
- Pain and suffering – just as the name implies, these damages are brought against the defendant for causing you pain and suffering due to your usage of methylphenidate.
- Loss of consortium – if you and your spouse have suffered in your relationship with one another (including the death of your spouse if he/she was using the drug) then you may also receive damages due to loss of consortium.
You must log in to post a comment.