Pharmaceutical manufacturers and distributors are relied upon by millions of people to provide safe products. When these companies negligently cause injuries or worsened medical conditions by failing to meet industry standards, they should be held accountable.
However, the thought of pursuing a civil lawsuit against a large drug company may seem overwhelming and intimidating. Fortunately, with the leader of a Norwalk, Bridgeport, & Stamford dangerous drugs lawyer, you do not have to face this legal process alone. A seasoned personal injury attorney could help by answering your questions and working to calculate the full extent of your losses for a claim.
Establishing Fault for a Hazardous Medication
Those who have suffered injuries after taking a hazardous drug should be aware of the steps required to pursue compensation. To establish fault and request compensation, an injured claimant must be able to prove that a manufacturer has been negligent.
Negligence is a legal concept that requires multiple elements to be established. Essentially, the following must be shown, which could be explained in-depth by a Norwalk, Bridgeport, & Stamford dangerous drugs lawyer:
- Duty—the defendant owed a duty of care
- Breach—the defendant breached this duty by behaving negligently
- Causation—this breach of duty caused an accident or dangerous situation
- Harm —this resulted in injury to the claimants
Usually, the most challenging element to prove for plaintiffs is causation. After showing that the defendant breached their duty of care by acting negligently, the plaintiff must show that the defendant’s conduct was the proximate legal cause of their injuries.
For example, if a drug company manufactured a substance that caused the plaintiff to suffer an illness or worsened medical condition, the plaintiff would have to prove that they would not have suffered harm, if not for the company’s product.
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Seeking Damages in a Dangerous Drugs Claim
It is essential for anyone pursuing a claim to calculate the full extent of their losses. These can come in the form of both economic and non-economic damages, and may include:
- Medical bills
- Out-of-pocket expenses
- Lost earnings
- Emotional distress
- Pain and suffering
- Loss of enjoyment of life
Economic damages are meant to help a claimant recover compensation for their financial losses, such as rehabilitation costs. Non-economic damages, on the other hand, are meant to focus on the claimant’s physical and psychological losses, such as mental anguish or loss of consortium.
Due to the subjective nature of these damages, they are often more difficult to accurately calculate. Instead of trying to estimate the extent of these losses alone, an injured individual could enlist the help of a compassionate attorney who has experience with dangerous drugs claims.
The deadline to file in Connecticut
Connecticut law generally gives you two years from the date the injury is sustained or discovered to bring a claim, and in most cases no more than three years from the act or omission complained of, even if the injury is discovered later. That deadline comes from Conn. Gen. Stat. § 52-584.
The reasonable inquiry certificate
Before a malpractice suit can proceed, Connecticut law requires a reasonable inquiry certification. That requirement comes from Conn. Gen. Stat. § 52-190a: a plaintiff must file a reasonable inquiry certificate with the complaint, declaring that they have made a reasonable inquiry to determine that medical negligence occurred.
Frequently Asked Questions
How do you establish fault in a dangerous drugs claim?
To establish fault and request compensation, an injured claimant must be able to prove that a manufacturer has been negligent. Negligence requires showing duty (the defendant owed a duty of care), breach (the defendant breached this duty by behaving negligently), causation (this breach caused an accident or dangerous situation), and harm (this resulted in injury to the claimant).
What is the most challenging element to prove in a hazardous medication case?
Causation is usually the most challenging element to prove. After showing that the defendant breached their duty of care, the plaintiff must show that the defendant’s conduct was the proximate legal cause of their injuries—for example, proving they would not have suffered harm if not for the company’s product.
What damages can be recovered in a dangerous drugs claim?
Losses may include both economic and non-economic damages, such as medical bills, out-of-pocket expenses, lost earnings, emotional distress, pain and suffering, and loss of enjoyment of life.
What is the difference between economic and non-economic damages in a dangerous drugs case?
Economic damages are meant to help a claimant recover compensation for financial losses, such as rehabilitation costs. Non-economic damages focus on physical and psychological losses, such as mental anguish or loss of consortium, and are often more difficult to accurately calculate because they are subjective.
How can a Norwalk, Bridgeport, and Stamford dangerous drugs lawyer help?
A seasoned personal injury attorney could help by answering your questions, working to calculate the full extent of your losses for a claim, assisting with determining your legal rights and deciding if you should pursue a civil claim, and fighting for your rights to hold negligent parties accountable.
Consult a Norwalk, Bridgeport, & Stamford Dangerous Drugs Attorney Today
When you take a medication, you expect it to help you, not make your condition worse. Unfortunately, there are numerous substances on the market that can do more harm than good.
By retaining a Norwalk, Bridgeport, & Stamford dangerous drugs lawyer, you could have assistance with determining your legal rights and deciding if you should pursue a civil claim. If so, a skilled attorney could fight for your rights and work to hold the negligent parties accountable.
