If you endured damages from a defective drug, it is important that you identify the negligent party so as to claim the financial compensation that you rightfully deserve. See how a seasoned Tyler, TX personal injury attorney at J. Chad Parker, PLLC can help you navigate your eligibility for a defective drug injury claim.
Am I eligible for a claim if I receive a defective drug injury?
Injuries due to defective drugs are most commonly caused by either design or manufacturing defects. For one, if drug designers neglect their legal obligation to ensure that the drugs are safe for public use, then they can be held as an at-fault party. Therefore, for your claim, you must prove that the drug designers forwent an obviously safer, equally practical, and economically feasible design option that did not hinder the drug’s usability.
On the other hand, if drug manufacturers ignore the development blueprint that designers passed on to them, they can be determined as the negligent party. If choosing these grounds for your claim, you must prove that there was a departure in drug design guidelines to cut corners, such as saving time and money, that ultimately caused the drug to become unsafe.
Drug manufacturers can also be held responsible if there was improper labeling or failure to provide drug warnings on the packaging. For this claim, you must prove that written warnings about potential hazards and instructions on how to use and not use the drug were not present.
What steps should I take for my defective drug injury claim?
Before anything else, your first step should be to preserve the defective drug. If it is not safe to do so, then take photos of the drug, the packaging, and the damages it inflicted on you. The importance of this evidence is that it will not only satisfy your burden of proof, but also determine if your injury was caused by a design defect, manufacturing defect, or failure to warn by the manufacturer.
If you have any other questions regarding your eligibility for a defective drug injury claim, do not hesitate in reaching out to a Tyler, TX personal injury attorney today.
Contact our experienced Smith County, Texas firm
There are few things more jarring and disturbing than being wrongly injured in an accident. Our firm understands how difficult it can be to recuperate after a serious accident, which is why we are here to help you through the legal process, every step of the way. If you or a loved one were injured in an accident due to another party’s negligence, you need a skilled attorney on your side. Contact J. Chad Parker, PLLC today for an attorney who is ready to fight for the compensation you deserve.