Prescription drugs are designed to be safe, effective, and marketable to consumers to relieve various ailments. Sometimes medications cause more problems than intended, are improperly marketed, or were improperly manufactured, resulting in harm to consumers. When this happens, individuals may sue pharmaceutical companies in an attempt to recover damages.
When you make the decision to bring a lawsuit against a pharmaceutical company, you want a trusted drug liability attorney from Schechter, Shaffer & Harris on your side to make sure you have the strongest case possible. We will work alongside you to gather all of the necessary evidence in Katy dangerous drug cases and could get you the restitution you need to move forward with your life.
Evidence Needed to Prove Liability in a Dangerous Drug Case
Determining liability in a dangerous drug case is complex and involves multiple evidence types in order to prove legal responsibility on the part of a drug manufacturer. The first step in filing a lawsuit is to meet with an attorney who has experience in drug recall cases. One of our accomplished lawyers from Schechter, Shaffer & Harris can sit down with you to go over the facts of the case and look at your records to assess lawsuit viability.
Next, you and your lawyer will gather the information needed to conduct a thorough investigation. Evidence can include medical records, billing statements and receipts for out-of-pocket expenses, proof of missed work, drug facts and inserts, clinical trials, and expert witness opinions, among other things. In order to demonstrate liability to the courts, a plaintiff must prove:
- There was a duty of care owed to the plaintiff by the pharmaceutical company to produce a safe, effective medication
- The duty of care was breached by the drug company in the drug’s design, manufacture, or marketing
- The breach was the cause of the plaintiff’s injury or illness
- The plaintiff suffered actual harm as a result of the drug and damages are necessary
An attorney in Katy who is knowledgeable about evidence in drug recall cases will conduct interviews with various medical experts to support your case. Once your lawyer has gathered enough evidence and decided that your claim is valid, they will proceed with filing the lawsuit.
What Types of Evidence Are Sufficient for Compensatory Damages?
Damages are awarded based on several factors in a dangerous drug case. A plaintiff can recover both economic and non-economic damages to compensate for out-of-pocket expenses, as well as for non-quantifiable harm like pain and suffering. A court will look at multiple criteria when considering a plaintiff’s request for damages in order to ensure that any money awarded fairly reflects the extent of harm, as well as the pharmaceutical company’s liability. Those factors include:
- The extent and severity of the plaintiff’s injuries caused by the drug
- The permanence of the injury, as well as the duration
- The toll the injury takes on the victim’s ability to work and enjoy their life
- The extent of the pharmaceutical company’s negligence or egregious misconduct
Depending on the above, a plaintiff may be awarded damages in a dangerous drug case for financial burdens related to the cost of recovery. Evidence used to back the victim’s claims include medical bills (both current and future), proof of lost wages and future earning capacity, and proof of loss of enjoyment of life, mental and emotional distress, and loss of consortium/affection.
An attorney who is familiar with presenting evidence in Katy drug recall lawsuits could ensure that you have a high probability of receiving damages proportional to the harm you have suffered.
Reach Out to a Katy Lawyer Experienced in Drug Lawsuit Evidence
Contending with the aftermath of taking a dangerous drug can be a lifelong ordeal. During this period of uncertainty, it is crucial to have a personal injury lawyer by your side who knows how to gather evidence in Katy dangerous drug cases when suing pharmaceutical companies.
Although proving liability of a drug company can be tricky, our persistent and hard-working lawyers at Schechter, Shaffer & Harris will not back down. Book your free, in-depth case evaluation with our team today and let us serve as your guides throughout the legal process.
