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Home Law

7 Reasons Why Winning an Elmiron Lawsuit is Extremely Hard

by Teecycle Editorial Staff
02/11/2022
in Law
7 Reasons Why Winning an Elmiron Lawsuit is Extremely Hard
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Elmiron’s manufacturers promote their medication as a reliable and safe means of treating the signs of painful bladder syndrome and interstitial cystitis. However, the medication increases the risk of visual loss, including pigmentary maculopathy and atypical retinopathy. These disorders bring significant visual abnormalities, including vision loss and problems with contrast and lighting. Despite the rising body of scientific research linking the medication to vision loss, the manufacturers have failed to give people sufficient warning regarding the risk of these vision abnormalities. Although each Elmiron case is based on its own specific facts, the attorney can investigate your case and help you in filing a defective Elmiron claim. First, you need to be aware of why winning an Elmiron lawsuit is extremely hard.

Whether You are Entitled to Pain and Suffering

Even if a medicine manufacturer’s negligence led to your injuries, you might not always be eligible for compensation for pain and suffering. Because of laws in some states, your injury must reach a certain threshold to be eligible for pain and suffering damages.

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How Minor or Severe was the Impact?

The adjuster will consider how severe the impact was if you attempt to demonstrate that someone else’s negligence was the root of your injury.

Pre-Existing Injuries May Lead to a Smaller Personal Injury Settlement

Insurance firms frequently assert that you have pre-existing conditions. All of your prior claims will be available to insurance companies. The insurance provider will conduct an ISO search on your prior claims when you submit a new lawsuit. If you had any pre-existing conditions that led to eye or vision damage, then winning an Elmiron case can become difficult.

Is Your Injury Permanent?

Whether you win an Elmiron lawsuit would also depend on the nature of your injury. It means whether the damage is temporary or permanent.

Your Doctors

Any medical records are crucial to your personal injury claim. You cannot recover damages (such as medical costs, lost wages, pain and suffering, mental distress, loss of pleasure in life, etc.) from the drug manufacturer if your doctor determines that your injury is not connected to your accident. Your case may suffer if a doctor determines that you do not have a lasting injury. Determining the reputation of the doctor you are seeing is crucial since it can have an impact on the lawsuit.

Fail to Get Timely Treatment

People who are harmed may delay seeking immediate medical assistance due to the pressures of daily life and the wishful belief that their pain will go away. Insurance providers profit from this optimism and skew it. Not getting care as soon as possible is one of the worst things you can do to hurt your chances of getting the money you need for your injury.

DIY Your Claim

Despite what well-meaning friends and family may advise, never attempt a Do It Yourself (DIY) legal matter. Personal injury law is complicated, and the other side will have several attorneys working to disprove your claim. Avoiding seeking out knowledgeable personal injury counsel is the worst thing you can do to reduce your chances of recovering from your injuries.

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