Can I claim for an injury caused by a defective drug?
If you've been injured, become ill, or had a condition become worse because of a defective drug, then you may be able to claim compensation. You can claim compensation for a defective drug if you’ve sustained physical or psychological side effects.
If you’ve lost a loved one due to a defective drug, you can also make a claim on their behalf .
Whether you were prescribed the wrong medication, experienced unexpected side effects, or were given a defective drug, you could be eligible to claim compensation.
Our defective drug claims solicitors will be here to support you throughout your claim. We’ll use our specialist legal knowledge to give you tailored legal advice that gives your claim the best chance of success.
How do I make a defective drug claim?
The first step towards making a defective drug claim is to contact our team. We’ll set up a free 30-minute consultation, during which we’ll listen to what happened to you, advise you on if you could claim, and make you aware of your funding options.
You aren’t under any obligation to go further than this initial consultation. However, if you opt to pursue your claim with our team, we’ll start by collecting evidence to support your claim. Evidence we can use to make a defective drug claim includes:
Receipts
Medical records
Medication packaging
Independent medical expert opinions.
We’ll then present this evidence to the drug manufacturer or the person who prescribed you the defective drug, telling them we intend to make a claim against them. If they accept fault, we’ll be able to settle your claim and you’ll be awarded compensation.
However, if they dispute the claim or disagree with the amount of compensation we feel you need, then we’ll have to prove their responsibility. This may involve initiating court proceedings, which may be the most beneficial way of resolving your claim.
Whatever the circumstances of your claim, we’ll keep you informed throughout the process and always act on your instructions.
How long do I have to make a defective drug claim for compensation?
You usually have three years from the date of the issues caused by the drug beginning to make a claim. Claims arising from defective products also must be brought within 10 years of the product going into circulation, so it’s important to seek legal advice on this as soon as possible.
You can also claim compensation on behalf of a loved one in several circumstances, including:
For your child, provided they are still under 18
For a relative who is unable to make their own legal decisions
If a loved one has died.
If you’re claiming on behalf of your child, you’ve until their 21st birthday to make a claim (subject to the 10-year time limit).
You can claim compensation for drugs that were prescribed by a doctor, bought over the counter, or taken as part of a clinical trial.
While exceptions can occasionally be made to the three-year time limit, the 10-year limit can't be extended. If you're unsure whether you'll be able to make a claim, contact us for some expert advice on your options.
How much compensation can I get in a defective drug claim?
How much compensation you receive for an injury caused by a defective product will depend on various factors related to your injury, its circumstances, and the support and rehabilitation you need.
The amount of compensation you could claim will depend on many factors, including:
Current and future loss of earnings from being unable to return to work
Medical and travel expenses you've had to pay
Your care and support needs – both now and in the future
Whether you need modifications to your home
Whether you need mobility aids or specialist equipment
Your pain and suffering, and the nature of any ongoing problems you have
For more information, call us on 0800 056 4110 and we'll be happy to discuss your options in a free initial consultation.
How much compensation could I claim for a defective drug?
We’ll need to know more about the circumstances around your situation before we can give you an idea of how much compensation you’re entitled to.
Your compensation will be calculated based on:
Any pain and suffering caused by the defective drug
The severity of your illness/injuries caused by defective drugs
Your long-term healthcare needs
Any specialist equipment or treatment you need
Expenses you’ve already incurred, such as medical bills
Loss of earnings, both now and in future if you’re unable to work.
Contact us to arrange a free initial consultation with our legal experts. This’ll give you the chance to talk about what happened to you, and we can advise you on how much you could claim.
What's the claims process?
To make a compensation claim for an injury or illness caused by a defective product, the first thing you need to do is get in touch with us for a free consultation. We'll discuss what's happened to you, advise you on whether or not we think you can claim, and work out whether you could benefit from a No Win No Fee* arrangement.
If you do decide to make a claim with us, we'll usually follow the same three stages:
Investigation. We'll begin by determining the extent of your injury or illness, and any losses that you may experience as a result. This may involve an examination carried out by a medical expert
Compensation. We'll work out how much compensation you should get based on the severity of your injuries, your pain and suffering, any medical expenses you've had, and your ability to get back to work. We'll put this amount to your opponent, and they can either accept or contest your claim.Conclusion. If your opponent accepts liability, you'll be awarded compensation. If not, court proceedings will begin.
If you have any questions about the claims process, please contact us today on 0800 056 4110 for your free initial consultation.
Can I make a no win no fee claim?
Many of our cases are funded with a no win no fee agreement. This means that there’s no financial risk* to you when making a compensation claim.
At the start of your case, we'll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household or car insurance policies, so it’s always worth checking whether you’re already covered.
If we think you're best supported by a no win no fee agreement, we'll explain the process clearly. You'll only have to pay anything if your claim is successful – your opponent will pay most of our fees, with the remaining costs coming out of your compensation settlement.
Please visit our no win no fee page for more information on how it works.
What is a group action and what are the benefits?
In defective product claims it is not unusual for lots of people to have been affected by the same product, but group actions can arise in many different areas not just defective products.
In some cases a group action may be appropriate way for the court to manage a number of similar claims together without having a trial of each individual claim. Group actions can help people to share legal expertise as well as the cost by working together, to try and maximise the chances of being fully and fairly compensated for your trauma.
We have extensive experience in pursuing group actions relating to many different types of claim, including for defective products, drugs and medical devices.
The expertise and results achieved for our clients means that Irwin Mitchell is the most highly ranked personal injury firm in the UK by two independent leading legal reviews.
If you're unsure about whether making a group claim is right for you, it's best to seek some advice. Contact us and we'll be able to advise you on the options.
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