If a defective drug has injured you or a loved one, you should be aware that legal action is available. Several options are available to people who have suffered from a problem due to defective drugs. Understanding these different options can help determine your situation’s best course of action.
Damages Available In Defective Drug Cases
In the United States, there are statutes that protect the rights of consumers, and one of these is the Consumer Legal Remedies Act. In simple terms, this act means that if you have purchased a product that was not fully safe as labeled or as described, you are entitled to receive financial compensation for damages.
This means that if a drug has been recalled because of severe side effects or reactions, and you have experienced any side effects, such does those listed on the warning label, you may be able to receive compensation for damages. This can include medical bills and lost wages from missed time at work due to treatment or recovery.
Defective Drugs And Product Liability Suits
Depending on the circumstances surrounding your case and your injuries, a defective drug lawsuit, such as an oxycontin lawsuit, may be filed as a product liability suit. This is where the drug manufacturer is held accountable for your injuries, and you may be able to file this type of suit if a product is defective in any way, shape, or form.
Negligence may also play a part in filing these types of suits, and this is where you prove that there was a design flaw or that the manufacturer did not test the product to ensure it was safe. In most cases, you will need an expert witness who can show that the defect occurred due to negligence on behalf of the manufacturer.
As a consumer, you may be able to file a defective product suit if you have suffered from side effects due to a recalled product. This is because the manufacturer sold the drug without any testing being performed, and therefore you can argue that the sale violated federal or state laws.
Strict Liability Suits
In addition to these three options for filing a lawsuit, your injured party may also have additional grounds for filing suit against the product manufacturer. This is where you can claim that the product was defective and, therefore, defective in the eyes of the law. The strict liability theory proves that the manufacturer knew about a problem but did not disclose it to their customers.
This means that if a company has concealed information about its products that poses a risk, you may be able to file suit against it for not disclosing this information properly.
The manufacturers may not have known about the problem, but if their product were faulty and caused a serious injury, it would be up to them to prove that it was safe. In most cases, this would be extremely difficult for the manufacturer. Even if the product contained undisclosed information about its defects, there would still be no way for them to prove that they would not have a similar problem elsewhere.
Seeking Legal Representation For Your Defective Drugs Case
With so many options for filing suits available to people who have been injured by defective drugs, it is important that you fully understand your rights and whether or not you are eligible for compensation. This is where consulting with an experienced attorney is highly recommended. A knowledgeable attorney can help you understand your legal rights and help you file a suit if necessary.
A good attorney will be able to provide you with the right information and resources that can help determine if filing a suit is the right thing to do for your particular injuries and situation. If you or a loved one has been injured by a defective drug, contact
Many different cases may pertain to defective drugs and how you can file a lawsuit against the manufacturer. This includes under the Consumer Product Safety Act, and you can file this action if any defective drug causes you severe injury or emotional distress. Since many people are unaware of their legal rights regarding defective drugs, it is essential for them to get in touch with an attorney who can help file a case for compensation on their behalf.