Stratford Dangerous Drugs Lawyer
Even with the strict regulations that are imposed on drug manufacturers and healthcare providers, accidents and injuries may still happen. If you were injured or ill from a dangerous pharmaceutical drug, you might benefit from the valuable assistance a Stratford dangerous drugs lawyer could provide. Tackling legal recovery against resourceful drug companies and physicians would be a difficult route for anyone without the help of an experienced personal injury attorney. Call today to schedule a consultation.
Negligence in Dangerous Drug Cases
Pharmaceutical drugs could become dangerous and cause harm to their users through negligent conduct. Dangerous drug victims in Stratford could bring a personal injury lawsuit based on a theory of negligence if the following four elements are present:
- The defendant owed them a duty of care
- The defendant breached that duty of care
- The defendant’s breach was the proximate and actual cause of the plaintiff’s harm
- The plaintiff suffered harm or loss as a result
Duty & Breach
A breach of duty is the failure to exercise reasonable care under the circumstances. Breach could be committed by an act or omission. For example, an employee failing to properly follow the manufacturing guidelines could be a breach of duty. Omitting a side-effect from a drug label could also be a breach of duty.
The purpose of having a duty to exercise reasonable care is to protect others from unreasonable risk of harm. Like all companies and persons, those in the pharmaceutical drug industry have a duty to exercise reasonable care, from the manufacturing, through the distribution process, in order to protect pharmaceutical drug users from harm.
Cause & Harm
Whichever way that the breach of duty occurs, it must be an approximate cause of the plaintiff’s injuries. Proximate cause is the legal cause of the injury, stating that the injury is reasonably related to the defendant’s conduct. Actual cause is fact-based, stating that “but for” the defendant’s conduct, the plaintiff would not have suffered harm. Finally, the plaintiff must have suffered harm as a result. If a defendant was negligent and failed to properly label a prescription drug, but the plaintiff suffered no injury or harm, the defendant might be in violation of some regulations, but they would likely not be liable to the plaintiff for negligence. For more information about negligence, contact a seasoned lawyer.
Seeking Damages for Dangerous Drugs Injuries in Stratford
Those that become injured or ill as a result of taking a dangerous drug might seek economic, non-economic, or punitive damages to compensate them for their loss. Dangerous drug injury plaintiffs in Stratford are required to file their case within two years of their injury under General Statutes of Connecticut §52-584 to seek damages. Depending on the case, a judge and jury would assess the amount of damages based on a variety of factors. These factors might include:
- The liability of the defendant
- Contributory negligence on the part of the plaintiff
- The plaintiff’s age
- The severity of the plaintiff’s injuries
- The weight of the evidence
- Jury verdicts from other similar cases in that jurisdiction
Economic damages would be determined by your monetary loses, such as medical bills or lost wages. Non-economic damages compensate plaintiffs for pain and suffering or emotional distress that was endured as a result of their injuries. Punitive damages are rare and only awarded to punish a defendant for conduct that rises above ordinary negligence. For help with obtaining damages, contact a dangerous drugs lawyer in Stratford.
How a Stratford Dangerous Drugs Attorney Could Help
When the unexpected happens and you get hurt or become ill upon taking a specific medication, it is good to have people with you that support you. A compassionate Stratford dangerous drugs lawyer could provide guidance during your journey to recovery. With experienced legal support, you could feel less stressed about fighting for your relief and have peace of mind knowing that you have a professional helping you along the way. Start exploring your options, call now and schedule a consultation.