Prescription and over-the-counter drugs are essential in treating a majority of health conditions that people across the country struggle with on a daily basis. As a result of the critical nature of these medications, it would stand to reason that pharmaceutical companies and manufacturers of these medications would take the utmost care to ensure they are safe for consumption. However, the sad reality is this does not always happen, and every day, countless individuals are severely injured or die because of a dangerous drug.
For these reasons, if you suffered extensive injuries or lost a loved one due to a dangerous drug, it is time to fight back and go after the financial damages you deserve. Thankfully, with a skilled Birmingham personal injury lawyer on your side, you will not have to take on this legal fight alone.
Who Can Be Held Liable in a Dangerous Drug Lawsuit in Birmingham?
Because product liability claims can be brought against any party that is part of the manufacturing chain, there are actually numerous parties that can be held accountable for the harm and losses you sustained due to a dangerous drug, including:
- Testing laboratories
- Marketing companies
- Medical sales representatives
That is why if you are thinking about filing a dangerous drug claim in Birmingham, but you are not sure who you can hold liable. It is recommended you work with an experienced Birmingham dangerous drug attorney. These lawyers can review what happened, figure out which of these parties contributed to your accident and make sure to hold them accountable for all your harm and losses.
For a free legal consultation with a Dangerous Drugs lawyer serving Birmingham, call (205) 380-4158
Financial Damages You Can Pursue Following a Birmingham Dangerous Drug Accident
In Birmingham, if you have been harmed because of a dangerous drug, you may be entitled to certain types of compensation, including economic damages, non-economic damages, and punitive damages.
These damages refer to compensation for objectively verifiable monetary losses related to:
- Past and future medical expenses (doctor visits, surgeries, and hospital stay)
- Loss of past and future earnings
- The economic value of domestic services
- The loss of employment or business opportunities
Non-economic damages refer to compensation for subjective, non-monetary losses, which are often hard to prove. These losses usually include the following:
- Pain and suffering
- Loss of reputation
- Physical discomfort
- Lingering mental effects
- Loss of enjoyment of life and activities
- Loss of companionship
- Loss of consortium
Depending on the circumstances of the incident, you may also be entitled to punitive damages. However, unlike the other damages, which are designed to compensate the victim for their losses after an accident, punitive damages are intended to punish the defendant for their especially atrocious actions or their blatant disregard of the law.
As a result, in Birmingham, for a plaintiff to recover these damages, their counsel needs to provide clear and convincing evidence to show that the defendant acted with gross negligence or was intentionally malicious or fraudulent and consequently caused the plaintiff’s injuries.
How do You Show a Drug Is Dangerous?
For a dangerous drug claim to be valid in Birmingham, a person must prove that the drug they ingested caused them harm and damages. That is why it is important that following this incident, you work with a skilled Birmingham dangerous drug lawyer who can help you prove that a prescription was a defective product through one of the following ways:
When an attorney is trying to prove a design defect, they will need to show that the inherent design of a manufacturer’s product was unreasonably dangerous. This requires showing that there is a safer way to make the same product that does not cause an unreasonable economic burden.
On the other hand, a manufacturing defect requires the lawyer to show there was a defect in the manufacturing process that causes the product to depart from its intended design and is more dangerous than consumers expect it to be.
Warning or Marketing Defect
Finally, a dangerous drug attorney in Birmingham can argue that there was a marketing or warning defect. However, to show this, the attorney needs to prove that the product was dangerous and that the manufacturer did not adequately warn customers or consumers about the dangers the product imposed.
How a Birmingham Dangerous Drug Attorney Can Help You
Trying to prove that a dangerous drug caused you extensive injuries and losses is a complicated process that requires a thorough understanding of the laws, the ability to secure detailed and relevant evidence establishing what happened and who was at fault for the incident, and strong legal arguments proving your claim. Thankfully, when you work with a knowledgeable Birmingham dangerous drug attorney, these lawyers can take on this complicated legal battle on your behalf and go after the financial relief that you deserve while you focus on what matters most—your recovery.
In fact, once hired, a dangerous drug lawyer in Birmingham can:
- Go over your case in detail, determine if you have a viable claim, and figure out your legal options.
- Investigate the incident and gather the evidence required to prove fault and damages.
- Bring in experts, such as medical specialists, to validate your claim.
- Make sure that all your legal motions and documents are submitted to the proper court before time runs out.
- Negotiate with the other side for the fair settlement offer you need.
- Head to court, and fight for the maximum compensation you are entitled to.
Consult with Morris Bart Today for Free
If you or a loved one have been injured because of a dangerous drug incident in Birmingham, do not wait any longer to secure the legal help you need. Instead, contact Morris Bart today for a free case evaluation and find out how our legal team can help you fight for your rights.
Questions?Call (205) 380-4158
to find a Morris Bart office near you.