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Eight Things to Know If You’ve Been Hurt by a Medication or Medical Device in Illinois

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There are many details about how a pharmaceutical class action case works in Illinois

It can be very difficult to know what to do after a medication or medical device leaves you injured. How can you get the recovery that you deserve from a large pharmaceutical company? Where would you start and how could you pursue justice against such a large company?

The Answer Might Be a Pharmaceutical Class Action Case

You may be able to join with other people who have been similarly injured in a lawsuit against the pharmaceutical company. In order to decide whether a pharmaceutical class action case may be right for you, it is important to know how one works. Specifically, it is important to know:

  • What a class action case is and how to start a class action lawsuit. Class action cases are different from individual lawsuits. A class, or group of plaintiffs, share in the expenses of litigation in order to make a fair recovery. Special rules apply to these types of cases; however, as with any lawsuit, you can begin a case by contacting an attorney.
  • About the role of the lead plaintiff and the rest of the class. Lead plaintiffs are the ones that are individually named in title of the lawsuit. They have certain responsibilities, but all plaintiffs in the case have the right to recover fair damages.
  • What happens if you are suing for an injury from a generic drug. Different laws may apply if you’ve been hurt by a generic drug, and it is important to talk to your lawyer about how best to protect your recovery.
  • Whether you have standing to sue. You can only bring a lawsuit or join a class action in Illinois if you have the legal authority to do so. Typically, this means that you were the one hurt, you represent the estate of someone who died, or you are the parent or guardian of a minor who was injured.
  • Whether you have time to sue. Your time to pursue a claim is limited by the Illinois Statute of Limitations. If you don’t file a case before the statute of limitations expires, then the pharmaceutical company will move to dismiss your case and that motion will likely be granted.
  • What evidence you will need to prove your case. It is important to share all of the information that you have with your lawyer as soon as possible. It could be important to your recovery, and your lawyer will let you know if additional evidence is needed.
  • How settlements work. Class action settlements are possible—even if there are many plaintiffs in the class. Typically, class action settlements require skilled negotiation and the approval of the lead plaintiffs in the class.
  • Whether you need an attorney. It is important to choose the right lawyer for your case. The pharmaceutical company won’t protect your interests, but an experienced class action attorney can help you get the fair recovery that you deserve.

To learn more about how a class action case works in Illinois, please start a free chat with us or call us directly at any time. We are available 24/7/365.

Jason F. Abraham
Managing Partner, Hupy and Abraham

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