Prescription and over-the-counter medications are an everyday part of American life. We trust our physicians, pharmacists, and other medical professionals to suggest medications that will help, not harm. Unfortunately, many prescription drugs are not as safe as we may believe, and even over-the-counter remedies available at the grocery store may cause severe side effects or wrongful death in some people. Should you or another you love suffers because of a negligent mistake by someone else, then you should choose to work with a Staunton dangerous drugs attorney and obtain the compensation you deserve.
People who suffer an injury or loss from taking a dangerous drug are entitled to damages if they can show the manufacturer was negligent. Plaintiffs must show that the drug was unreasonably dangerous when taken as directed, or that the warning label was inadequate to make plaintiffs aware of the danger. Claimants also must prove that the drug injured them.
If plaintiffs can make that showing, they will be entitled to damages, which is compensation for losses. The damages can include:
Assessing likely damage awards is more art than science. Although it is difficult to predict what a case may be worth, a Staunton personal injury lawyer with experience in dangerous drug cases may be able to account for tangible and intangible losses that victims experience.
Virginia Code §8.01-243 requires anyone suing for damages for personal injuries to file their lawsuit within two years of the occurrence of the injury. This statute can be challenging in dangerous drug cases, as sometimes side effects only become apparent over time.
If a dangerous drug causes an injury, and there is a delay in the discovery of the harm, it is sometimes possible to extend the statute of limitations for one year after the discovery. However, in no case may a plaintiff bring a suit more than ten years after the date of the injury, even if the plaintiff only recently discovered it.
If a person lacked the capacity to sue at the time the injury occurred—because they were under the age of majority, for instance, or because they were in prison or mentally incapable—the statute of limitations will be extended. People who were unable to sue at the time of the injury must bring a lawsuit within two years of the date the incapacity expired. That means a minor must bring suit within two years of their 18th birthday, and a former prisoner must sue within two years of their release from confinement.
It can be difficult to win a dangerous drug case. There may be complicated medical issues to understand that require special expertise. Pharmaceutical companies fight hard to defend their products and may attempt to settle a case for a figure that is inadequate to compensate the claimant for the harm done.
An aggressive Staunton dangerous drugs lawyer could call on medical experts to investigate the nuances of your case. Attorneys could determine your actual losses and try to persuade the defendant to make you whole. Contact The Warren Firm office today for a review of your case.