Drug Injury Lawyers serving Bryan, San Antonio, Edinburg, Monterrey and surrounding areas
We fight on behalf of you and your loved ones to receive just compensation for your damages.
Drug Injury Attorney
Pharmaceuticals in the United States represent a massive industry. Pharmaceutical companies invest billions of dollars in new medications, and as a result of financial pressures, new drugs are often rushed to market without the level of testing most consumers would expect and demand. Unfortunately, the consequences of this situation sometimes are serious injury or death. If you have sustained an injury due to pharmaceutical drugs, regardless if they are over-the-counter or prescription, you may be entitled to financial compensation for your injuries and damages.
In the United States, consumers depend on the U.S. Food and Drug Administration (FDA) to protect them against untested drugs. Although drugs must be approved by the FDA to be sold in the United States, the FDA often fails to adequately test medications before they are released to the public. In other cases, warning labels on pharmaceuticals are insufficient or misleading, which can cause patients to unintentionally abuse the drugs they are taking.
Consumers rely on the recommendation of physicians and entrust their health and well-being to pharmaceutical companies and the products they manufacture. Unfortunately, injury and death caused by pharmaceutical drugs become more common every day even though we rely on them to improve our quality of life.
Currently, nearly one half of Americans take at least one prescription drug daily and one in six are taking three or more. With increased reliance on pharmaceuticals, injuries from these drugs are increasing at an alarming rate.
Injuries Caused by Defective Drugs
Pharmaceutical companies are under extreme financial pressures to release drugs before fully testing for or understanding their long-term side effects. Consumers are forced to risk their own health and well-being when taking inadequately tested drugs.
Common Drug Injuries Include:
- Heart attack
- Stroke and hemorrhage
- Increased blood pressure
- Internal organ damage
- Suicidal Tendencies
Liability in Pharmaceutical Injury Lawsuits
Who is liable in a Pharmaceutical Injury Lawsuit?
Liability in Pharmaceutical Injury Lawsuits is most commonly based on the negligence of some party.
Anytime inadequate research and testing were done on the drug, or if the company fails or attempts to hide or downplay a drug’s dangerous side effects, a lawsuit may be based on the theory of product defect.
Anytime a prescription is filled with the incorrect medication or the dosage is misapplied to the prescription, a lawsuit may be based on the theory of medical malpractice.
Anytime a physician prescribed a drug in a way that does not meet the standard of care that negligence may be grounds for a medical malpractice lawsuit.
Statute of Limitations
Determining the statute of limitations in drug injury claims can be a complex exercise. Unfortunately for many victims, once the deadline is missed, the injured party may forever lose their right to recover damages. If you suspect that you or a loved one is a victim of drug injury, contact Hernandez Law Firm immediately.
Why Hire an Attorney?
A tremendous amount of financial and other resources are required to properly build a drug injury case. The Hernandez Law Firm has all the necessary resources, experience and experts to successfully build a case and take it to trial, regardless of how challenging or complex the issues may be.
¿HERIDO EN UN ACCIDENTE DE TRABAJO O DE CAMIÓN DE 18 RUEDAS ?
How We Handle Your Case
No Upfront Cost and No Fee Unless We Win. There is never a fee unless we win your case. Accidents happen when we least expect them and most victims are not financially prepared for such an emergency. Depending on your injuries, medical expenses can add up quickly, while getting compensated for a case can happen slowly, leaving victims in a difficult situation and desperate for compensation. This often leads to victims accepting far less than their case is worth and prevents them from getting the just compensation they deserve.
When you hire The Hernandez Law Firm, we are invested in your case from the start. We work for you exclusively on a contingency fee basis. That means we put in our time, effort, and resources to build your case and work with medical professionals to postpone payment until a settlement or verdict is reached. In most cases, you will not be immediately charged for your medical costs and our firm will not receive any fee unless we win or settle your case.
Gather All The Evidence. We start every case by gathering all the available evidence, including witnesses, physical evidence, accident scene pictures and video whenever possible. We also speak directly to responding and investigating officers and bring in experts if necessary, to understand the details of the accident.
We also gather evidence about your damages, including talking to doctors so we understand your injuries in detail and your future prognosis regarding your injuries. In addition, we gather evidence of wage losses and lost earning capacity, as well as any other form of loss that may apply to your specific case. We are experts at gathering the evidence required to build a powerful case and preparing it to present in trial so that a jury can understand and make a fair determination if the case goes to trial.
Medical Attention. At Hernandez Law Firm, we believe in getting our clients the best medical attention possible for their injuries, as well as just compensation for their damages. After handling hundreds of cases, we are familiar with minor and severe injuries and have numerous doctors in all specialties who we trust to refer our clients.
We want you to get the best medical care while exploring the best options for your recovery, all while keeping the important evidence that comes from doctor's reports in mind as we build your case.
Calculate Damages. In order to receive just compensation for your damages, we must be able to prove those damages. Damages include past and future medical expenses, lost wages and earnings, decreased earning capacity, pain and suffering, loss of life enjoyment, and any other loss related to the accident.
We thoroughly review your lifestyle prior to and after the accident to ensure that damages are accurately calculated and we seek the maximum damages that you should be entitled. Our trial attorneys know how to present your damages to a jury in trial, if necessary.
Negotiate With The Defense. After we have gathered all the evidence and facts and calculated your damages, we will begin negotiating with the defense. Negotiating with the defense can be a very difficult and frustrating experience if you do not have experience with this process. Insurance companies are not willing to pay compensation unless they are forced to, so they will take every opportunity to pay you the least amount possible. Our firm generally files a lawsuit on our client's behalf and begins preparing for trial as soon as we begin a case. Filing a lawsuit right away sends a signal to the insurance company that they need to take this matter seriously. However, many times, insurance companies will offer minimal compensation even for severe injuries and damages. We do the best we can to negotiate, but at some point, negotiations cease and we move towards trial.
Go To Trial. Most of the time, personal injury cases settle, sometimes on the courthouse steps, so to speak, other times once evidence is presented. However, not every case can be settled with fair compensation because the insurance company does not believe their insured is at fault, or the case is as valuable as you do.
This is why it is extremely important to have a lawyer that has experience trying cases and is willing, ready, and able to do so on your behalf. Insurance companies are well aware of who they are up against and they treat any settlement offers accordingly. If your lawyer is not experienced at trying cases, the insurance company will not take your case as seriously as they would if you hire an experienced trial attorney from the start.
We Take Accidents Seriously
Our lawyers take drug injury accidents very seriously. Our firm is dedicated to getting you just compensation for your damages and will aggressively pursue your case from beginning to end, even if that requires a trial to verdict.
We recognize that drug injuries often have tragic consequences that affect victims and their families and loved ones in many ways and potentially for the rest of their lives. Loss of income, medical expenses, and psychological trauma deserve just compensation, the same as any other accident.
When appropriate, we will hire experts and consultants to help evaluate the evidence to determine liability and damages. We will take witness depositions and retain any experts to establish that the cause of death was due to the accident or negligence of the defendant.
We will learn everything we can about your loved one, your family and the loss that you are suffering. We gather all the available evidence and resources to tell the story of your loved one and their sudden and unexpected death so your loss can be fully understood by the defendant and a jury in a court of law.
In this effort, we take statements from friends and family, we use video and photographs and whatever else is relevant to convey the loss that you are suffering.
¿HERIDO EN UN ACCIDENTE DE TRABAJO O DE CAMIÓN DE 18 RUEDAS ?
The Hernandez Law Firm provides practical solutions for our clients legal problems. The law firm has built its success by being responsive to client concerns and applying hard work with integrity to find creative legal solutions.