In our town, we have seen firsthand that Oxycontin is addictive and can cause severe withdrawal symptoms or death by overdose. Since this is such common knowledge, why should I go to an attorney for help? Can’t I just negotiate a settlement with the company on my own? Or would there be a benefit to joining a class action in my case?
The problems with Oxycontin abuse and addiction seem to be so clear, and you may feel like you are throwing money away or losing out on part of your potential settlement or jury verdict by using the services of an experienced personal injury attorney. However, you are risking a lot by trying to go at this by yourself. Large pharmaceutical companies, such as Purdue Pharma, have large legal departments with highly trained, experienced attorneys to defend them. Furthermore, the companies that insure Purdue Pharma also have experienced legal staffs and insurance adjusters, and in some cases, outside counsel may be brought in to help with a particular case.
If you choose to represent yourself, even if you think the case will only be negotiated and never go to trial, you will be up against some of the toughest and most experienced attorneys and insurance adjustors in the industry. You need to remember that their sole interest is in minimizing or completely denying any liability on the part of Purdue Pharma, even if that means that you do not receive the compensation to which you are entitled. Everything that you do or say will be scrutinized to see if it can be used against you to limit the company’s liability. And if your case does end up in court, the court will hold you to the same standards and the same deadlines as if you were an attorney.
Many people are concerned about how much hiring an attorney will cost them. Fortunately, personal injury attorneys usually take the case on a “contingency”. This means that part of your settlement or recovery, typically 1/3, will go to the law firm as compensation for their work. It also means that if they are unable to recover any money for you, you will not owe the law firm or the attorney anything. You don’t have to pay large fees to get excellent legal representation. Although the percentage that the law firm keeps may seem like a lot of money, considering the amount of time, effort, and resources that go into the preparation of your case as well as the risk that the firm will not be compensated for any of it, the contingency fee arrangement is clearly fair to both sides.
Another way to have your case dealt with in the legal system is to bring it as part of a class action suit rather than bringing an individual lawsuit. Many cases involving Oxycontin have the same legal issues and very similar fact situations. These cases can easily be joined as a class action. Other cases have unusual fact situations or are breaking new legal ground, and need to be handled as individual cases. Often, the cases that are handled individually end up settling for more money. However, that is usually because there was something unusual about the case that made it worth more money. Deciding whether to pursue a case individually or as part of a class action is an important decision. In many cases, once you make that decision, you will be unable to change it later. Your attorney can help you decide how best to handle your case.