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Five Best Steps for an Injured Person to Take Before the Lawsuit

These class action lawsuits and mass tort claims can come from defective drugs or medical devices, product liability which can mean the manufacturer put on the marketplace unsafe or dangerous products, or products that are unsafe for certain groups of the population such as young children or senior citizens.

Whatever is the nature of your particular claim, there are certain principles and behaviors that will increase the likelihood of the most successful outcome for your lawsuit.

These are the first five steps to take:

1. Write down the names of all pharmacy chains and their locations for all prescriptions that you have filled that relate to your injury or claim. It is best, if possible, to stay with one pharmacy at the same location because it will keep down the costs of ordering your records from multiple sources. Also, it will help your lawyers to obtain those records more quickly rather than having to wait for multiple records to be retrieved from multiple sources.

2. Always try to retain the packaging and the bottles or packages for all prescriptions, with your name and medical provider on those labels. Also, over the years, drugmakers may list certain known adverse reactions but they may not be known at the times you were taking these medications.

3. Keep a list of all physicians and other medical providers you have seen over the past fifteen years, the approximate dates when you saw them, and the reasons for the visits, even if you are not sure they are related to your claim for injuries. The reason is that some side effects you have experienced may not initially seem related to your particular lawsuit. But over time as multiple claims are filed, a whole host of previously unknown side effects may emerge. These may add to the value of your claims.

4. Try to keep a calendar or journal of all your medical appointments or treatments, including the name of the doctor or specialist, their address and phone number, the date seen, the reason for the visit, and if anyone accompanied you to the visit. This may be important if your friend or relative who may have gone with you into the doctor’s office may be able to corroborate your memory of these events. This is also why it is important not to see random doctors or use random clinics unless you are required to do so for insurance purposes. Your treating physician may remember you and the facts if your case, important if their deposition needs to be taken at some point in the case.

5. Lastly, be careful to write in your journal the first time you used any new drugs, devices or products later linked to class-action lawsuits, who, if anyone, recommended their use to you, or if required by an employer as to use of a product or tool, what instructions you were given for the use and what reactions or symptoms you observed following the usage.


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