One of the risks of consuming a medical drug is the potential for severe side-effects. Drugs are recalled all the time for a number of reasons, with the most common being potentially unsafe side effects that compromise the safety of the consumer. However, a drug does not need to be recalled in order for you to file a lawsuit with the aid of a Cambria County injury attorney. Establishing that a drug is inherently dangerous, mislabeled, or has a defect that causes injuries, is typically sufficient to maintain a legal action.
Medications are designed to help people feel better, but when they have the opposite effect the manufacturer must be held accountable for their actions. If you have suffered from a harmful medication, contact a Cambria County dangerous drugs lawyer to seek monetary damages.
How a Dangerous Drugs Case Works
Taking on pharmaceutical companies alone is never a good idea. These corporations have the resources and expertise to minimize the seriousness of your claim and reduce the amount of money you could receive. A Cambria County hazardous drugs attorney could be your advocate against these companies.
A lawyer’s job is to investigate the case by gathering facts and evidence, and finding support for various legal theories. Additionally, attorneys could obtain medical records, monitor them for additional treatment recommendations, and ensure that defense counsel has access to only relevant records, as some insurance companies will attempt to have a victim sign medical authorizations that permit access to all of a client’s medical records, without any limitations. A lawyer can prevent this invasive and unfair process.. Cases involving the ingestion of dangerous drugs rely upon the analysis of relevant medical records.
The Role of Pharmaceutical and Insurance Companies
Manufacturers that fail to specify how a drug is to be used, or fail to warn against harmful side effects, must be held legally responsible for their negligence. Consumers rely upon manufacturers for education regarding their products. Inadequate labels mean that operating heavy machinery, consuming alcohol, monitoring children, and other ordinarily harmless acts are made dangerous due to the ingestion of a particular medication.
One of the most important facets of a case is the communication with the insurance company. Most awards and settlements are not paid directly by corporations, but by insurance companies overseeing the handling of claims. The goal of the insurance adjuster is to pay as little as possible. Effective communication regarding the liability stemming from manufacturing, design, or marketing defects of a dangerous drug can make all the difference when negotiating an insurance settlement.
Factors that Affect Compensation
Every case is different and some are worth more than others, depending on the extent of the injuries. A person who develops a fever and quickly recovers will be treated much differently than a person who ends up in a coma after ingesting a drug. While every case deserves attention and care, the insurance company treats people with worse injuries in a different manner than those with less severe injuries. Other factors that will affect compensation include:
- Age and prior health of the plaintiff
- How the manufacturer gave notice of the adverse effects
- Communication regarding unwanted side-effects
- The size of the insurance policy
- The duration of the medical treatment
- The number of consumers with similar complaints
A Cambria County defective drug attorney could analyze all of these factors and discuss with you the amount of damages you might be able to recover.
Initiate a Claim with a Cambria County Dangerous Drugs Attorney
Being sickened by a dangerous medication can put your life at risk and create unprecedented financial burdens between the loss of work and costly medical treatments. The key to understanding dangerous drug litigation is realizing that these injuries could have been avoided if the pharmaceutical company took the proper steps to ensure it was properly designed and marketed. Any deviation from this standard deserves accountability.
If you have been injured because you ingested a pharmaceutical drug that was not properly manufactured or labeled, contact a Cambria County dangerous drugs lawyer as soon as possible. The law firm of Marcus & Mack could help you litigate your case and acquire the relief you need. Call now.