What Proof Do You Need to Win Dangerous Drugs Lawsuits?
Each year, over 100,000 Americans die due to dangerous drugs, and thousands more are severely injured. If a company has produced a drug that can harm users, it may be possible to hold them responsible. You can be eligible for compensation if you are able to prove a few specific things in a court of law.
Is Proving Negligence Necessary?
A common misconception is that your dangerous drug lawsuit will need to show the company was behaving negligently. While this would definitely help your case, it is not an actual necessity. Dangerous drug lawsuits are a type of product liability case. In product liability cases, the manufacturer is still held responsible even if they were not doing something negligent like covering up problematic test results. They have a duty to create a safe product for customers, and any time they fail in that duty, they can be held responsible.
You Will Need to Prove You Were Harmed
In any personal injury lawsuit, you need to actually be injured. This is often simple to prove since you most likely decided to sue due to clear and present health problems. Your personal injury lawyer may help you collect proof like medical bills, records, or professional examinations. Furthermore, you need to show that it was the drugs themselves that caused the harm. This can be harder since multiple factors may combine to cause issues like heart failure or cancer. Ideally, you should be able to show the drugs directly caused or contributed to your development of problems.
It Is Important to Show You Were Using the Product Correctly
If you get involved in a product liability lawsuit, expect to spend at least a little time proving that you were using the medication correctly. When you are suing for dangerous drugs, the defense may try to argue that they are not liable because the issue was user error. You will need to show that you were taking the drug as prescribed, taking the correct dosage, and not taking it with any contraindicated substances. To prove this, you may need to rely on medical testimony or show how much of the drug you have remaining.
You Have to Show You Were Not Appropriately Warned
In addition to showing that proper use of the product led to damage, you have to prove that the damage was not in any way expected. Plenty of drugs have problematic side effects, but manufacturers are allowed to sell them as long as they make these side effects clear. If you were not warned about the dangers of the product, you were not able to make an informed choice before using them. The most common type of proof for this issue is showing that the product’s packaging does not list side effects. However, if the side effect list is printed very small or placed in a hard-to-find spot, you might still have a case.
How to Get Proof
Ultimately, your lawsuit will rely on your ability to gather proof to support your claims. You will need to be prepared to spend a lot of time gathering evidence. As soon as you notice any sort of adverse effect from a medication, it is a good idea to start saving evidence. Taking pictures or videos of your symptoms, having a doctor document your condition, and saving any prescriptions you had can be a good place to start. Consulting with a dangerous drug lawyer right away is also a good idea. They can help you gather the proof you need to make your case.
If you or a loved one has been injured by a defective medication, our team of personal injury lawyers in New Jersey is here to assist with your case. At RAM Law, we can help you gather necessary proof, file legal paperwork, and represent you in court. To get started, schedule a free consultation with our New Brunswick or Somerville team. Call 732-247-3600 or fill out our contact form to discuss your case with us.