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:
- Breach of warranty
- Strict liability
Identifying the drug manufacturer, assigning liability, and fighting for compensation in a defective drug case can be time-consuming and frustrating. When you hire a personal injury lawyer to represent you in your pursuit of compensation, they can help you with all of these tasks.
New York Law Protects You from Defective Drugs
Uniform Commercial Code (UCC) §2-318 protects consumers by holding drug manufacturers responsible with an “express or implied” warranty that their products are safe for use or consumption. This law may affect what types of evidence you need to establish liability in your case.
A defective drug lawyer can help you figure out how New York law pertains to your defective drug case and whether you should bring a claim based on negligence, breach of warranty, or strict liability. Then, they can help you compile evidence for your case.
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Damages in a Defective Drug Case
No matter how you establish liability in your defective drug case, you will also need to prove that the drug:
- Caused your injuries
- Caused you financial damages
The types of damages you may be able to recover in a defective drug case could include:
- Medical care required to treat the complications of the defective drug
- Lost wages or other sources of income
- Mental anguish
- Pain and suffering
You might have additional types of damages you are entitled to recover as part of your lawsuit. Your lawyer can help you identify your damages and ensure an accurate value is assigned to your case before submitting your claim or lawsuit.
The Benefits of Working with a Lawyer
If you or someone you love was injured because of a defective drug, a lawyer in your area might be able to help you file a lawsuit for financial compensation against the at-fault party. While you concentrate on recovering from the injuries caused by the defective drug, your lawyer may:
- Consult medical experts and conduct an independent investigation
- Compile medical evidence of the adverse effects of the defective drug
- Compile proof of the financial expenses and losses you endured
- File all paperwork and handle all communications in your case
- Negotiate with the at-fault party or their legal or insurance representative
By hiring a lawyer to support your potential lawsuit, you do not have to fight for compensation alone.
The Timeline for Filing Your Lawsuit
Like all civil lawsuits, the time you have to file a defective drug or personal injury lawsuit is limited by your state’s laws. If you suffered physical and financial damages because of a defective drug in New York, the allotted time to file your lawsuit is generally three years, per New York Civil Practice Law and Rules (CVP) §214.
Compliance with the filing deadline is critical to your case because noncompliance might mean you lose your right to sue. The lawyer who represents you can explain the specific deadlines in your case and ensure that your lawsuit is submitted on time.
Get Help with Seeking Financial Compensation
To learn more about your legal rights and options, reach out to the client intake team at Morelli Law Firm by calling (212) 751-9800 today. During your free consultation, we can give you more information on how defective drug cases are different from personal injury cases and what you can expect going forward. If you qualify, we will offer to assign a lawyer from our firm to represent you.