Marion County Dangerous Drugs Lawyer
Aside from the occasional side effects, you expect there to be nothing to worry about when taking a prescription or over-the-counter medication. The Food and Drug Administration must approve every medical product on the market before being sold to the public, so it is reasonable to assume that your medication is safe when taken appropriately.
Unfortunately, unknown or unlisted side effects and contraindications can turn an effective drug harmful in an instant. If you have experienced an incident with a dangerous drug, talking to a personal injury attorney could be your best chance at recovering compensation for your suffering. A qualified Marion County dangerous drugs lawyer could help you document your injuries resulting from the medication you took and seek fair compensation for them from the liable manufacturer.
Suing a Manufacturer for Dangerous Drugs
Civil claims based on dangerous or defective medications are a type of product liability case, meaning they function slightly differently than cases based on injuries sustained in car accidents or on another person’s property. In most cases, a product’s manufacturer can be held strictly liable for failing to provide a reasonably safe product, rather than the plaintiff having to demonstrate legal negligence and prove fault as usual.
Although there are exceptions, there are generally three ways in which a medication can be defective:
- Its fundamental design
- A manufacturing flaw in a particular batch of the product
- A marketing error or false claim
The last of these three types of product liability cases are the most common reasons for filing medication defect claims because the ones that cause consumers harm do so because of side effects or other drug interactions the manufacturer either did not know about or failed to warn consumers about. Either way, a Marion County dangerous drug attorney could work on a plaintiff’s behalf to prove liability on a manufacturer’s part.
How an Attorney Could Help Your Defective Medication Claim
There are several elements to a successful civil lawsuit that a plaintiff may have difficulty executing alone, especially when the defendant in the case is a massive pharmaceutical company. Fortunately, seasoned lawyers in Marion County who have experience with dangerous drug cases could provide guidance throughout the entirety of a case, from initial evidence-gathering to detailed settlement negotiations.
For example, many of the damages suffered by a victim of a defective drug involve complex medical terminology and concepts that a civil court may be unequipped to understand the significance of. Skilled legal counsel could help locate and retain expert witnesses to explain these concepts to support a plaintiff’s claim for damages.
There are also regulations established by West Virginia state law that a qualified legal representative knows how to navigate. For instance, West Virginia Code §55-2-12 sets a statutory deadline of two years from the date of injury or the date of discovery of an injury to file suit for damages. Failure to abide by this statute of limitations could leave a plaintiff unable to recover any damages at all. These and other pitfalls could be easily avoidable with assistance from a dedicated dangerous drug lawyer in Marion County.
Pursue Legal Action with Assistance from a Marion County Dangerous Drug Attorney
Whether it was prescribed to you or bought it from a pharmacy, any harm you suffer from a drug’s unlisted side effects could be grounds for a lawsuit against the manufacturer. However, suing a pharmaceutical giant is not to be taken lightly, and an experienced Marion County dangerous drug lawyer knows that well. Take control of your future and speak to an attorney today about your legal options.