Pharmaceutical companies and drug manufacturers are responsible for ensuring the safety of all prescriptions and over-the-counter drugs. The U.S. Food & Drug Administration (FDA) approves all medications before they are made available for purchase.
Unfortunately, dangerous and defective drugs sometimes make it past the review process and harm consumers. Contact a Mableton dangerous drugs lawyer at (706) 480-5487 if you need help to recover compensation for injuries and losses. A skilled personal injury attorney from Hammers Car Accident & Personal Injury Lawyers could help you navigate the complexities of the justice system.
Proving Liability in Dangerous Drugs Claims
Most dangerous and defective drugs claims will fall within one of three categories, and a knowledgeable Mableton dangerous drugs attorney could review your case to determine which it may belong to:
Failure to Warn
A failure to warn lawsuit concerns a manufacturer that fails to warn the public of potential hazards and side effects. You may also sue for failure to warn if the instructions of the product are inadequate.
Defective Manufacture
You may file a defective manufacturing drug claim when a factory error makes the product unsafe for human consumption. Usually, the flaw in these cases only affects the batch the manufacturer is producing at the time of occurrence.
Design Defect
A design defect occurs when there is a flaw in the medication’s constitution (that is, the way it is designed) that affects all the drugs produced according to the design.
Recoverable Damages in Dangerous Drug Lawsuits
After proving the manufacturer’s liability, the court could award damages for the following types of losses:
- All medical expenses related the dangerous drugs injuries
- Loss of salary and future earning potential and other benefits
- Transportation costs to medical appointments
- Mental anguish and suffering
- Physical pain and suffering
- The loss of the enjoyment of life
- Inconvenience
The award for damages could cover all out-of-pocket and non-monetary damages you suffer because of the dangerous product, which is why the surest path to a favorable outcome is to contact a Mableton attorney with experience handling dangerous drugs cases.
Liability of Damages in Product Liability Claims
When defective product injuries occur, it is often a challenge to determine whether the manufacturer or the seller is to blame. According to the Official Code of Georgia Annotated § 51-1-11.1, the state assigns strict liability to the medication manufacturer, as they are responsible for the product design, production, and warning label.
In strict liability claims, you may only bring a product liability lawsuit against the producer of the product, not the manufacturer. A lawyer could further explain how strict liability affects dangerous drugs claims in Mableton.
The Statute of Limitations
There is a time limit for filing suit against a negligent drug maker. Under the guidance of the Official Code of Georgia Annotated § 9-3-33, you must commence the legal action within two years of the cause of injuries. If you fail to file within this time, you will likely lose the ability to recover compensation for damages.
Call an Experienced Dangerous Drugs Attorney in Mableton
Dangerous drugs can cause injuries that change the course of your entire life. Medications are supposed to help heal us, so when they instead cause injury and loss, you have every right to hold the drug company accountable.
A settlement could cover all your medical expenses and the time you miss from work while recovering. Reach out to a Mableton dangerous drugs lawyer if you were harmed after taking a medication. Call today to schedule a consultation.
Visit Our Personal Injury Law Office in Mableton, GA
Hammers Car Accident & Personal Injury Lawyers
5701 Mableton Pkwy SW Suite 108
Mableton, GA 30126
(706) 480-5487
470-291-4820