Defective device cases work through the legal system from the initial case filing through trial or settlement. The victim initiates the case by filing documents. They state what happened and why they deserve compensation. The documents must follow standards set by the court, and they must be filed by the expiration of the time deadline.
The other side can respond. The parties investigate, exchange information, and narrow the issues in the case by presenting information. While the trial date approaches, either party may motion the court in order to question the presentation of evidence and resolve pre-trial issues.
Usually, the parties settle for an amount that they agree on. However, the case may be heard at trial. To win the case, the victim must prove that the drug or product was defective and that they were injured by taking it.