Opioid misuse can lead to severe health consequences, including addiction or death. If you’ve suffered harm due to opioid overuse, you may be entitled to receive compensation. Legal options are available to help you recover damages.
Prescription opioid addiction can also fall under a civil lawsuit of personal injury where the plaintiff may lay claim compensation for losses incurred due to opioid addiction.
This means that you need an understanding of the stance of the law on opioids and how you may get compensation for your losses if you have had an opioid addiction. You can also file for compensation if your family member is affected.
When a person dies due to addiction to prescription opioids, such death falls under wrongful death. This means that you may file a wrongful death claim, and the court may award you compensation.
Understanding What Prescription Opioids Are
Prescription opioids are a type of drug that a doctor or physician may prescribe for you to relieve you of pain in your body. These drugs contain opioids, which users can quickly get addicted to. Further, these drugs are FDA-approved, meaning it is legal to sell them.
Implications of Prescription Opioids
Opioid addiction has far-reaching consequences. Beyond the individual struggling with addiction, families face significant challenges, including financial burdens associated with treatment and potential loss of income. In other situations where the victim is the primary source of income of the family, they may face hardship due to the person’s addiction.
Opioid addiction also adversely affects the community. When there is an increase in the addiction rate, it may lead to an increase in the crime rate. The result is that the government must now put more resources into combating crimes and building rehabilitation facilities.
Factors That Can Contribute to Filing for Compensation
Wrongful Advertisement: Wrongful advertisement is when a pharmaceutical company that produces the prescription opioid fails to inform the public about the side effects of the drug when they advertise and market the drug. It may mislead people into believing the drug has no side effects and may lead to opioid addiction. It translates to more sales for the pharmaceutical company, but the victim suffers injury or may die.
Wrongful Labeling occurs when the pharmaceutical company refuses to include the side effects and addiction warning on the drug’s label. This may also mislead medical practitioners and the general public.
Failure to Inform People of New Side Effects: When it comes to prescription opioids, side effect warning is a continuous effort. This means that when the company discovers a new side effect from the drug, it is their duty to inform the people of the new discovery. They may do this through advertising or box labeling. Failure to inform people of the side effects makes them liable to lawsuits.
Parties Liable to Lawsuits
1. The Pharmaceutical Company: They manufacture the drug. They are the most liable to lawsuits since they produce the drugs and are in charge of informing people of the side effects and giving addiction warnings.
2. Distributors: Distributors are the channels through which the drugs circulate. They include clinics, medical practitioners who prescribe the drug, or any other company that distributes the drug.
3. Stores: Drug stores, including large supermarkets, are liable because they are the first point of contact with people and can easily report any adverse effects of the drug.
The Procedure for Filing a Lawsuit
You can file a lawsuit if you think you are suffering from prescription opioid addiction. The procedure for filing a lawsuit is simple, but you have to do it as quickly as possible.
You may also file a lawsuit if you suffer any injury after taking the prescription opioid or if your family member dies due to taking prescription opioids or after suffering from prescription opioid addiction.
Different states have their own statute of limitations regarding prescription opioid lawsuits. You need to know the statute of limitations in your state so you do not fall behind.
“If you or your loved one has suffered harm due to prescription opioid misuse, seeking legal counsel can help determine if you have grounds for a lawsuit,” says attorney Eric H. Weitz of The Weitz Firm, LLC.
In case a family member dies from prescription opioid intake, you should file a lawsuit immediately. You should assess the cause of death and get a doctor’s report.
Step-by-Step Guide to Filing a Lawsuit
You need to take some steps to stand a chance of getting compensation. They include the following:
1. Investigate
2. Get a medical assessment
3. Get your medical report
4. Identify who is liable
5. Determine if it is a case of medical malpractice or manufacturer’s liability
6. Negotiate
The Role of a Lawyer
After compiling the necessary resources and information, your lawyer will weigh your case to better understand your chances. A lawyer will also provide resources for better investigation. They will add a professional touch to your case.
Just like with personal injury cases, they will calculate the damages you suffer by accounting for your medical expenses in taking care of yourself, your loss of income, and any form of pain. This action officially signals the commencement of the legal process.
The liable company may then forward you to its insurance company, which will send an adjuster and negotiate with your counsel. This process is often tiring because insurers want to maximize profit at the expense of victims.
You should know that negotiations may not go in your favor. If that happens, your lawyer may file a civil lawsuit. This means your case may go to trial.
Trial offers the chance for higher compensation. The judge or jury will consider the merits of the case and award you damages accordingly.
Source:
With more than 30 years of trial experience throughout Pennsylvania, New Jersey and nationwide, The Weitz Law Firm is a leading personal injury firm with expertise in areas including opioid misuse injuries.
