As with any other type of personal injury claim, you do not technically need the help of a lawyer to file a defective drug injury claim. You can file your claim or lawsuit on your own. However, defective drug cases can be complex. A lawyer can help get to the bottom of the cause of …
Who Can I Sue for a Defective Drug Injury?
Who you can sue for a defective drug injury depends on who is legally responsible for the cause of the injury. If the drug manufacturer did not take proper care during the design, manufacturing, or marketing process of their drug, they might be liable for your injuries. If the drug became defective during the distribution …
How Do I Know if My Injury Was Caused by a Defective Drug?
There are a few factors involved in this kind of scenario, but one of the first ways to know if your injury was caused by a defective drug is to get a diagnosis from a medical professional. You must determine whether your injury was caused by a drug you were or are currently taking, which …
How Are Defective Drug Cases Different from Personal Injury Cases?
Defective drug cases are different from personal injury cases in that the plaintiff in a defective drug case may have more options for establishing liability. According to the New York State Bar Association (NYSBA), the plaintiff in a defective drug case might be able to sue on the basis of: Negligence Breach of warranty Strict …
What Is the Average Settlement for a Defective Drug Injury Case?
The average settlement for a defective drug injury case is difficult to pinpoint, as many factors influence the value of a settlement. A personal injury lawyer may be able to help you estimate the value of your case if you have been injured by a defective drug. According to a 2019 study from the Centers …
How Long Do I Have to File a Defective Drug Lawsuit?
How long you have to file a defective drug lawsuit depends on the date your injury from the defective drug occurred. In New York, victims of product liability – including defective drug cases – have three years in which to initiate legal proceedings against the party responsible for their injuries and losses. This deadline is …
Can Every Drug Injury Lead to a Legal Claim?
Not every drug injury can lead to a legal claim. You must be able to prove that the drug was defective and that it caused your injury in order to have a viable claim. It may be difficult to gather evidence and sue the at-fault party on your own. You may want to consider consulting …