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The link between Zyprexa and the development of diabetes has been well-documented and well-publicized. Am I just throwing money away to go to an attorney about my case when it seems that I should be able to negotiate a settlement with the company on my own? Would there be a benefit to joining a class action in my case?
When the link between Zyprexa usage and the development of diabetes is as well known as it is, you may feel that you should not have to rely on, and pay, an attorney to get the compensation that you deserve. However, you need to be aware of some of the realities of trying to handle your case on your own. Zyprexa’s manufacturer, Eli-Lilly, has a large legal department and may even bring in outside counsel to help minimize the damages that it has to pay to potential claimants such as yourself. The company is trying to stay in business and will do whatever it can to deny or minimize its liability to save money.
If you choose to represent yourself, even if you think the case will only be negotiated and not go to trial, you will be up against the people Eli-Lilly have working for them, who include some of the toughest and most experienced attorneys and insurance adjustors in the industry. You need to always remember that their sole interest is in minimizing or completely denying any liability on the part of Eli-Lilly, 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 to limit the company’s liability. And if your case does end up in court, you will be held to the same standards and the same deadlines as any other attorney.
Personal injury attorneys, such as the ones who you would get to handle your case, 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. More importantly, it also means that if they are unable to recover any money for you, you will not owe them anything. This way, you can get excellent legal representation without having to pay large fees up front. And while it may seem that the law firm keeps a lot of your settlement or recovery, remember that they are investing considerable time, effort, and resources to prepare your case while taking a risk that they may not be compensated for anything.
Your case may also be better handled as part of a class action. Some Zyprexa cases are sufficiently different from the “average” case, either due to an odd fact situation or the potential to make new law in the place where they are brought. These should probably be handled on an individual basis. However, many other Zyprexa injury cases have a great deal in common, and can be dealt with as part of a larger class action case just as or more effectively. There are a number of considerations, however, when deciding whether to pursue a case individually or as part of a class action and it is an important decision. Usually, 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. |
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