Product liability cases have risen in the recent past, with Prilosec (omeprazole) joining suit. According to anecdotal accounts of many patients, Prilosec intended to relieve patients from heartburn and acid reflux but has instead done more harm than good. If you happen to be a victim of prilosec recall, the best thing would be to file a lawsuit to get indemnified. Remember, you don’t have to put your health at risk because of someone else’s negligence or liability. As an innocent buying consumer, you’re protected by law.
The best thing about developed countries is that they uphold the rule of law, and the high chances are that you’ll get justice if your claims are right. So, should you find yourself in such a position, what reasons should prompt you to file a Prilosec lawsuit? Well, they include but aren’t limited to the following:
- Medical bills
There is a high likelihood that if the drug caused severe pain or trauma to you, you’d need to seek professional assistance for recovery. Whether in-patient or out-patient treatment, the bills can be quite overwhelming since you didn’t even foresee such a situation. Filing a lawsuit will ensure that you get your medical bills taken care of even when the case is still on trial. Lawyers know special treatment facilities and will often point you in the right one.
- Recover punitive damages
There are two types of compensations that the court may award to you, depending on the severity of the harm posed to you. Non-punitive damages cover all the expenses that are as a result of the defendant’s actions. This includes medical fees, lost wages, and indemnification towards pain and suffering. Punitive damages include the fine meted on the defendant for wrongdoing. Punitive damages are also meted to scare away any likely offenders who are yet to be caught in the act.
- The burden of proof isn’t on you
For compensation to be awarded, your claim must prove liability under the torts of negligence. That is where a product liability lawyer steps in. Your lawyer will collect all the necessary evidence, including lab reports that fault the defendant as negligent. Therefore, you’ll not have to worry about any paperwork or court submissions unless when cross-examined by the defense team. The lawyer will still prepare you for that.
- Numerous defendants
More than one party can be lined up as liable to your damages, including suppliers, wholesalers, or even retailers. Whoever your lawyer proves to be negligent and accountable, they will be slapped with punitive damages. However, having many parties on the stand can, at times, be difficult to trace who has a direct connection to your injuries.
- Contingency fee
Lastly, why wouldn’t you file for the lawsuit, yet it will not cost you upfront? Most lawyers will handle product liability cases for free until compensation is awarded. After that, the lawyer takes his percentage cut as agreed earlier on. We recommend going into a writing agreement with whoever represents you in a suit unless you want another stand-off when you’re eventually awarded. Most law firms will cap the interest at 33.33%, but additional costs may be incurred depending on the nature of your case and how long it takes.
