When Your Medication Harms You: Pharmaceutical Drug Liability
When Your Medication Harms You: Pharmaceutical Drug Liability
Prescription pharmaceutical names like Vioxx, Fen-Phen, and Baycol are primarily famous not because of the good they did, but because of the harm, they caused. Pharmaceutical companies release dozens of new prescription medications every year, and every year more people suffer because of drug-related problems. Someone who suffers harm as the result of taking a prescription medication can often recover money for the injuries they’ve endured. Like other product liability cases, pharmaceutical drug cases typically involve a number of common elements.
The Chain of Distribution
A prescription drug is a complicated product, one that involves the participation of numerous people and organizations. When someone is hurt as the result of taking a prescription medication, finding out who was responsible involves looking at a lot of possible suspects.
Drug Manufacturers. Prescription drugs originate with the pharmaceutical companies that create them. These companies have a responsibility to make sure the product they create is safe and properly tested before they release it for consumer use. Even if the FDA approves the pharmaceutical for use, the manufacturer can still be held liable for problems associated with the drug.
Your Doctor. It’s up to your doctor to properly prescribe a prescription drug. Physicians are responsible for ensuring that you receive a prescription for a drug that meets your medical needs.
Your Pharmacist. While your doctor will prescribe the medication, it’s up to your pharmacist to ensure that you get the actual drugs. Pharmacists have to ensure that you receive the correct medication, that you know how to take it, and that your prescription bottles are properly labeled.
The Drug
Just like any other consumer product, not all drugs are dangerous, and not all injuries that arise as the result of taking a pharmaceutical will lead to a successful lawsuit. In order to recover money for the harm you suffered, you will have to show that something went wrong. Here are some common reasons why people sue for damages caused by prescription drugs.
The manufacturer made a bad product. In some situations, a drug manufacturer will create a product that is manufactured incorrectly. For example, your doctor might give you a prescription for an antibiotic if you have some kind of infection. Antibiotics are normally rather safe, but if the manufacturer didn’t use the proper quality control systems at the factory, the antibiotics you receive might be tainted. While taking antibiotics normally wouldn’t be a problem, taking a tainted product could result in harm.
You receive an inadequate warning. Many prescription drugs have known side effects, some of which can be harmful to the consumer. Nevertheless, these drugs are useful and made available to the public on the condition that consumers receive a proper advance warning. In some situations, a drug manufacturer, physician, or pharmacist can provide the consumer with bad advice. Whether the advice comes from misleading marketing materials used by the manufacturer, inadequate warning labels on pharmacy bottles, or a physician prescribing medication for reasons other than what they were intended for, consumers can be harmed because of the incorrect or misleading information they rely upon.
Other Factors
There are many legal issues that have to be dealt with in any drug liability case. If you think you’ve been harmed because of the medication you’ve taken, you should speak to an attorney as soon as possible. Most people don’t know enough about medication or the law to form an educated opinion about your situation, and only an experienced attorney can give you legal advice about what you should do.
The Process of Litigating 18-Wheeler Accident Cases
The Process of Litigating 18-Wheeler Accident Cases
There are few motor vehicle accidents that can cause the devastating kind of damage an 18-wheeler accident can inflict. These behemoths can weigh up to 40 tons (80,000 pounds), so when they are involved in a collision with almost any other kind of vehicle you can find on the road, they’ll usually win. And truck drivers are usually paid by the hour, so in order to make as much money as they can, they will often drive for an extensive period of time without taking a break. This often leads to drivers experiencing concentration lapses, and even a momentary loss of consciousness. It’s only natural, then, that accidents, property damage, injuries, and deaths will often be the result of these drivers pushing the limits – and often exceeding the boundaries – of their endurance.
The truck accident lawyers at our Law Offices have handled personal injury cases resulting from 18-wheeler accidents for two decades, so we are well aware of the many legal and medical questions people will have after they’ve suffered an injury – or a loved one has died. The most important thing you need to realize, obviously, is that you must be evaluated by a medical practitioner after the wreck. You need to do so not only for your health, but to also get any injuries you may have suffered documented. Don’t hesitate to get medical attention because you don’t have insurance or are underinsured; we can help you find a doctor who will take your financial means into consideration and come up with a payment plan that fits into your budget. Don’t let a lack of money keep you from getting the medical help you need.
After you handle Priority One, which is getting medical attention, then you can start to focus on getting fair restitution for the harm that has befallen you. In the state of Texas, those whose negligence resulted in the accident that caused your injury are not required to pay for your injuries and accompanying financial losses. Rather, the victim, known as the plaintiff in legal terms, bears the burden of proving he or she should be compensated for losses resulting from the accident. The only chance you have of getting the compensation you deserve is through the help of an experienced truck accident lawyer. We would like to tell you what legal avenues you may be able to pursue so that you can get the compensation you deserve.
Following are some of the elements of a case involving an 18-wheeler accident. All of these will be explained in detail below.
Reasons to file a lawsuit:
Some of the potential negligent parties responsible for the accident.
The vital need for a thorough and quickly-launched investigation.
The hurdles people faced by those who choose to represent themselves.
How an experienced truck accident lawyer can help.
Again, we must stress before going any further that the information in this article is in no way intended to take the place of a skilled lawyer who can analyze the details that are specific to your case. Call the attorneys at our Law Offices for a confidential and free consultation. We’ll be happy to answer any questions that you might have concerning the specifics of your litigation.
Personal Injury Law – What’s Best? A Settlement or a Trial
What’s Best? A Settlement or a Trial
If you end up in court, it comes down to what the jury thinks of your evidence. The quality of the evidence presented determines how much the jury awards you. It’s not very difficult for a lawyer to explain the numerous technicalities of liability in a vehicle accident to a jury. It’s not all that hard to prove damages or to show, in the eyes of the law, that you and your attorney have satisfied the burden of proof that inspires a jury to award you that compensation.
Juries must appreciate just how tragic a price, both monetarily that seriously injured accident victims must live with because of the actions of those negligent drivers behind the wheel. All of this must be done to a group of 12 people who sit in judgment of you and the defendants, simply because they weren’t able to avoid serving their civic duty.
The only way to defend your rights as an accident victim is with an experienced and gifted lawyer who speaks in a manner that appeals to a jury. He should be one that makes them clearly understand that you must receive compensation for your damages so you can get back on your feet. Those who have been injured by a careless or negligent driver suffer significant financial, emotional, and physical injury. Surviving family members of a fatal accident deserve their fair share of compensation for their devastating loss just as well. Bringing a negligent driver to criminal justice is one thing. Justice is still not done until the havoc that a callously negligent driver caused to their victims, and their families are repaired, and their lives return to normal.
Our Law Firm Is Here to Protect Your Rights From Those Who Deny Them to You
The first thing you need to understand is this. Before you speak with an insurance company, or accept even a single dollar of payment or compensation from your employer, sign anything, or attempt to file a lawsuit on your own, you must contact a competent lawyer.
If you have been in a car accident in our community, you must contact an attorney who can give you the best results possible. Our experienced car accident lawyers suggest that you speak with two or three attorneys before deciding which one can handle your case. When consulting with one, ask about their experience in handling cases similar to yours and make sure to discuss this lawyer’s record in litigating and settling similar car accident cases. Ask the attorney to provide you with a few names and the contact information or a few former clients with cases similar to yours. Then call them. Do not hire the attorney unless you trust him or her and are confident in their ability to represent you in a way that you are comfortable with.
The attorneys with our Law Firm have been handling car accident insurance claims and litigation for decades. We’ve won favorable verdicts and negotiated fair settlements against nearly every major auto insurer in the state. Insurance companies recognize our name. And the reputation that precedes us. Both are very helpful in securing our clients’ fair settlements from these insurers. We’re here to make sure that you recover as much as legally possible for your injuries and simplify what, to many, is a complicated and dubious legal process.
The time after a car accident is often stressful and confusing to the victims. Don’t add to the stress and confusion by letting an inexperienced attorney handle your case or represent yourself when you are unqualified to look out for your (and your family’s) best interests. We are uniquely qualified to get you the best results possible. If you or someone you know was injured in a car accident, contact an attorney at our Texas Law Firm today at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.
An experienced local attorney with our Law Firm will analyze your case and explain your options so that you will fully understand them. We want to make certain that you recover as much as reasonably possible for your injuries and make this complicated legal process as easy as for you to understand and navigate to a successful end. Then you can resume your life: free from financial danger, and place this experience where it belongs: in your rearview mirror.