What evidence do you need to file a defective drug lawsuit?

On Behalf of | Jan 27, 2022 | Personal Injury

Despite the thorough testing and trials medications through before approval, it is not unusual for some drugs to have unintended side effects. 

In other words, defective drugs make it into consumers’ hands all the time. If you’ve been injured by a medication that was supposed to help you, there are a few things that you have to prove to claim fair compensation for your losses. 

Proving your defective drug case

To win your defective drug lawsuit, you will be required to prove a number of things. Among them, you will need to show the following three things:

  1. You were using the drug as intended: Did you take the drug as prescribed by your doctor? Did you store the drug as recommended by the manufacturer? As long as you were using the medication as prescribed, you shouldn’t have unexpected side effects.
  2. You sustained an injury: You will also need to prove that you suffered emotional or financial loss after taking the defective drug. These losses can be in the form of pain and suffering, medical costs to treat your complications or lost income.
  3. The drug is the source of your injuries: Finally, you must prove a direct link between the defective drug and the injuries you sustained. That’s usually accomplished through expert medical testimony.

When you fall ill or your condition worsens after taking a defective medication, you have every right to expect fair compensation for your losses. However, to pursue a defective drug lawsuit, it’s wisest to have experienced legal guidance from the very start.