If you’ve received a C chantix lawsuit notice and are concerned about the amounts being offered, it’s time to find out more about compensation. These are generally given as award payments to patients, either monetary or in kind. The amounts can be substantial and, when combined with other factors, determine the final value of a settlement. To ensure you don’t lose too much money and/or get stuck with an inadequate amount for legal fees, it’s important to understand how the process works.
The very first step in a C suit is a “pre-settlement conference.” This conference is conducted before a trial date, to discuss the trial and any related settlements, and is usually held within one to two weeks of the date of the initial complaint. It is attended by the plaintiff’s trial lawyer, their expert witnesses, medical experts and any opposing attorneys. An amicable agreement is reached and a court date is set. If the case can’t be settled that date, either party can file to have the case tried by the state court, which is quicker but may cost more.
Once a settlement has been reached between all parties, either party can move on to the next step, which is trial. This is generally scheduled for a pre-trial conference, during which both sides present their arguments in a formal written format to the judge. Unless the charges against the patient are class B misdemeanors, a trial will be scheduled. The trial lawyer will argue the case for his client, try to prove that the medication was the reason for the incident and argue that the settlement was an unfair one-way transfer of power from the plaintiffs to the defendant. A jury trial is also possible if the case goes to trial.
If the settlement amount is insufficient to cover medical and other expenses, there may be additional compensation sought through rehabilitation services, such as counseling. This will depend upon the severity of the addiction, as well as any past and present effects related to the drug. For most drug addled patients, rehabilitation may mean several months of outpatient treatment, at least the cost of which must be borne by the defendant. There are also programs that can be attended in a hospital or other inpatient setting, and some lawyers offer a percentage of these services.
Chantix lawsuits can drag on for months, or even years, because of the complicated nature of the case. It is often very difficult to obtain witnesses or any kind of tangible evidence to prove liability. The drug company, for its part, does not want to admit to any wrongdoing-or admit that they have actually instructed their employee to take the medication-and thus keep the case from going to trial. Thus, it is typical for a trial lawyer to try the case without actually taking up the case until they receive a sizable payment from the drug company.
A settlement in a Chantix case can run into the millions of dollars, depending on the severity of the addiction, as well as on the duration of time since it began. If you have been injured by Chantix, then it is important for you to seek counsel immediately and find out what your options are. With enough research, you can easily find a trial lawyer who will fight your case aggressively, so you receive the largest settlement possible, with the least amount of effort required on the part of your side.