Two Types of Evolution That Will Govern Your North Carolina Defective Drug or Product Case

Whether you suffer from metallosis, thanks to a poorly done metal-on-metal hip replacement, or you saw your spouse suffer a cardiac event brought on by a dialysis product, like Fresenius’ GranuFlo or Naturalyte, you’re probably wondering how to move forward with your legal research.

Here’s an interesting question to ponder: How will your case evolve?

Obviously, every injury situation is different. You may not even have a case. Or your case may be relatively simple and easy to settle. Or it might be complex and require years of litigation. It’s impossible to say by superficially examining the evidence and damages.

Two types of evolution govern systems (such as injury cases): graduated and punctuated.

Graduated evolutionary processes “creep along” and steadily change over time, based on feedback over multiple generations. But every once in a while, something happens that totally perturbs the system and creates fitful changes. This second kind of process is called punctuated evolution. For instance, if you took a flock of tropical birds and dropped them into the Arctic, the creatures would have to go through rapid change or risk dying off.

Both types of “evolution” happen during most injury cases. For instance, there will be periods of time in your case, during which “nothing much happens,” except for some paperwork exchanges, chatter among the attorneys and the judge, etc. Then, suddenly, some dramatic event may radically alter the character or trajectory of the case. The liable party or insurance company may offer a generous settlement offer, out of nowhere, thus negating the need for years of litigation. Alternatively, the judge may issue a surprising ruling on an appeal, causing the case to drag out another 18 months.

You need to be able to cope with both types of “evolution” in your case–the graduated kind and the punctuated kind. The best way to do so is to retain a high caliber, experienced defective drug or malfunctioning medical product law firm in North Carolina. And even if you do find and retain a great legal team, you also need to moderate your expectations and your emotions.

Just remember: even when your case appears to be wending along a stable path, you can’t predict when dramatic events (both serendipitous and catastrophic) can change what you need to do and alter the outcome.

For help understanding how to gain clarity and control of your case, call DeMayo Law at 1.877.529.1222.

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With North Carolina office locations in Charlotte, Hickory, Monroe and in Columbia, South Carolina, DeMayo Law Offices have been serving the state since 1992. You can contact us 24/7 and if you are unable to come to us - we will come to you.


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Membership in the Million Dollar Advocates Forum is limited to attorneys who have won million and multi-million dollar verdicts and settlements. Criteria for membership in Million Dollar Advocates can be found by clicking here. DeMayo Law Offices, L.L.P. does not represent that similar results will be achieved in your case. Each case is different and must be evaluated separately.

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