Millions of Americans take prescription and over-the-counter medications every day. However, while most publicly available medications are safe to use as directed with only minor side effects, others are much more dangerous due to unnoticed or undisclosed defects, side effects, and/or contraindications with other drugs.
If you suffered physical harm after taking a medication as directed, you may benefit from a conversation with a Gainesville defective drugs lawyer at our firm. At Smith Hulsey, our skilled personal injury attorneys are experienced in holding drug companies or third parties liable for damages and maximizing available compensation for victims.
Dangerous drug lawsuits generally fall within the purview of product liability. This means that most of these cases are built on a theory of strict liability as opposed to negligence. Product manufacturers have a legal obligation to provide reasonably safe goods, so if a drug is not safe even when used as directed, its manufacturer may be strictly liable for the harm their product causes to users.
In addition to ensuring their products are free of design and manufacturing defects, manufacturers must also warn consumers of all known hazards associated with proper and improper use. If a drug manufacturer knows or reasonably should have known about dangerous side effects, they could bear liability for injuries that result from their failure to warn consumers of those risks.
Although defective drug cases in Gainesville commonly follow the principles of strict liability, an attorney may advise on pursuing a lawsuit based on legal negligence in certain circumstances. For example, if a pharmacist or supplier improperly stored or unpackaged the drug, causing a defect, that third party might bear liability for their negligence.
Unfortunately, unreasonably dangerous drugs can have life-threatening consequences for patients. In past cases, unsafe medications have caused the following conditions in consumers:
If a defective drug victim and their local attorney can prove someone else’s liability, they may be eligible to seek restitution for every impact the medication had on them. Recoverable damages can include not only objective losses like medical expenses and loss of work income, but also subjective forms of harm like physical pain and loss of enjoyment of life.
However, as with any civil case, an individual seeking compensation for dangerous drug damages must do so within the two-year statutory filing deadline set by Official Code of Georgia §9-3-33. Because of this strict time limit for pursuing civil litigation, injured victims should get in touch with a dangerous drugs lawyer in their area as soon as possible.
Successfully recovering civil compensation for unsafe medications can be difficult, especially without dedicated legal assistance. The massive corporations that manufacture these products often go to great lengths to avoid any kind of liability for injuries experienced by consumers.
If you were harmed by a dangerous medication, work with a Gainesville defective drugs lawyer at Smith Hulsey. Our knowledgeable legal allies could stand in your corner and fight relentlessly to protect your best interests. To find out how our team could help in your particular case, call today.
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