Contact Hensley Legal Group, PC today for a free conversation if you’ve been harmed by a dangerous drug or device.
Dangerous Drug and Device Attorneys
What Is a Product Liability Claim?
Product liability is an area of personal injury litigation that concentrates on harm arising from defective products.
In the Hoosier State, product liability claims must comply with the rules laid out in the Indiana Products Liability Act, which classifies a product as defective when it is sold in a condition that would put a consumer who uses it in the intended manner in jeopardy. Someone who is injured by a defective product may have grounds for a case, though a plaintiff will typically have to show that:
- The product was defective when it was released;
- The plaintiff was injured while using the product as recommended; and
- The injury was the direct consequence of the defect.
In general, product defects fall into one of three categories:
- Design defects – The product was flawed at the design stage and would have been defective regardless of how it was produced.
- Manufacturing defects – The product’s design wasn’t defective, but a defect was introduced during the manufacturing process that made the product dangerous.
- Warning defects – The product isn’t defective in and of itself but must either be used in a specific manner to avoid injury or features side effects about which users should be told, but no adequate warning was provided.
A product liability lawsuit could be initiated over almost any product, but a favorable outcome can be tough to obtain because of the inherent difficulty of these kinds of cases, a difficulty that only grows when dealing with more complex products like pharmaceuticals and medical implants. Fortunately, our laser-focused Indiana dangerous drug and device attorneys are highly proficient at marshalling the most obscure technical details in order to build clear and compelling cases against everyone who may be at fault.
Who Is at Fault for a
Drug or Medical Device Injury?
Exactly who is at fault for a drug or medical device injury will depend upon the facts leading up to it, though some of the most common defendants in Indiana dangerous drug and device claims include:
• Drug and medical device companies
• Outside manufacturers
• Distributors
• Sales representatives
• Doctors
• Hospitals
• Medical systems
• Pharmacies
Very often, multiple individuals and entities could share varying degrees of legal and fiscal liability for the same drug or device injury, and you must go after each of them within the period set by law, known as the Statute of Limitations.
According to Section 34-20-3-1 of the Indiana Code, “a product liability action must be commenced…within two (2) years after the cause of action accrues [i.e. the date of injury]…or within ten (10) years after the delivery of the product to the initial user or consumer [i.e. the date of sale].”
If the Statute expires before you can file a lawsuit or otherwise resolve your claim, you could be forever barred from full recovery, the sort of careless oversight that Hensley Legal Group won’t ever permit.
What to Expect from Our
Dangerous Drug and Device Lawyers
Being hurt by something that promised to help you can be as disappointing as it is overwhelming, especially after you have long been overwhelmed by the health crisis that made you seek out help in the first place. To make the situation even more challenging, you are likely to face stiff resistance from massive medical conglomerates and their insurers if you try to acquire the funds to meet the new demands on your finances, but our Indiana dangerous drug and device lawyers are ready to push back.
If you hire Hensley, we will begin by launching a thorough investigation to identify the root causes of your drug or device injury and the defendants who may have played a role in it. We will then establish valid claims and/or file suit against them all within the time allotted by law before amassing the evidentiary materials necessary to support any allegations you make.
If warranted, we can subpoena documents and data about the development, testing, production, and release of the drug or device in question to reveal awareness of its defects or attempts to hide them, and we can secure testimony from experts who can verify that the product injured you.
Once an airtight case has been assembled, our Indiana dangerous drug and device attorneys will enter into exhaustive negotiations with the defendants’ insurance carriers for a settlement that reflects the entirety of your losses, including your:
- Medical bills
- Lost wages
- Pain and suffering
- Mental and emotional trauma
- Diminished mobility
- Reduced quality of living
- Loss of consortium
- Punitive and wrongful death damages (when applicable)
And if we do not receive an offer that is worthy of your claim, we have no qualms about heading to trial for a verdict that is, unlike far too many of our competitors, who seldom venture into a courtroom and may therefore leave money on the table that belongs in their clients’ pockets.
We realize that you may be reluctant to commit to more expenditures after you have probably spent so much already, but our lawyers operate on a contingency basis, so you won’t owe us anything until your case is won.
At Hensley, we only take on clients because we believe in them, and we are willing to take on every burden involved in making them whole again.
Reach Out to Hensley's
Indiana Dangerous Drug and Device Attorneys
Now
Hensley Legal Group has been standing up for the hardworking people of Indiana for more than a quarter century. If your world has been turned upside down by an unsafe drug or medical device, reach out to our Indiana dangerous drug and device attorneys to learn what they can do to set things right.
You can schedule a complimentary consultation with an accomplished Indiana dangerous drug and device lawyer by calling us at (317) 472-3333, chatting with us online, or filling out our contact form now.
DISCLAIMER: Please consult with your doctor before making any changes to your use of any FDA-approved drug or device.
Available 24/7
Free Case Review
You won’t pay any fees until we win your case.
It’s easy - you can:
Or fill out our contact form
