If you want to obtain civil compensation for the harm you suffered after taking an unreasonably dangerous medication, you may face strong opposition from the drug manufacturers that created it. Likewise, if you file a dangerous medication claim without verifiable evidence, your odds of getting paid are virtually nil.
Strong civil cases are built on conclusive evidence from various sources. Therefore, speaking with an experienced dangerous drug lawyer is vital to understand what information could help you achieve a positive case result. During a consultation, a lawyer could explain the importance of evidence in Houston dangerous drug claims to ensure you have the best chance of financial recovery.
Personal injury plaintiffs—including those who file lawsuits due to harm caused by dangerous drugs—can only recover compensation for the value of damages they can prove they sustained. With that in mind, several pieces of evidence could help support a dangerous drug lawsuit in Houston. However, this information must establish that a plaintiff sustained injuries and is asking for a fair amount of money to compensate them for that harm.
In many cases, proving the existence and value of losses can be straightforward, especially when those losses are “economic” in nature. For example, medical records and testimony from physicians can show that a plaintiff needed specific treatment to address problems caused directly by a particular medication. Additionally, injured individuals can use hospital bills to establish the costs of that treatment.
On the other hand, supporting a claim for non-economic damages in hazardous drug claims often requires qualitative evidence. This information may include testimony from family and friends who can attest to how taking a defective drug changed the plaintiff’s life, before-and-after photos of injuries or illness symptoms, and personal statements from the plaintiff about their experiences.
Perhaps the most critical role that evidence plays in faulty drug claims is linking medication to a plaintiff’s losses. Even if someone can prove they are experiencing injuries or illnesses due to a drug, they cannot force a pharmaceutical company to pay for it unless it is proven that the corporation is responsible.
Under the strict liability theory, it is vital to have evidence proving that a drug was hazardous when it left its manufacturer’s control and that the drug’s condition did not change between that point and when the plaintiff took it. Finally, it is essential to prove that the issue with the medication was the primary and direct cause of a plaintiff’s damages. Therefore, with the help of an attorney, plaintiffs in Houston must prove that the injured person affected by the drug did not have pre-existing conditions and was directly affected by the medication.
Strong evidence in Houston dangerous drug claims can be hard to come by and even harder to present in court. Fortunately, assistance is available from hardworking legal professionals with the experience necessary to protect your rights.
If you have questions about what information you should gather when building a civil lawsuit, a dangerous drugs lawyer at Roberts Markland LLP could answer them during a private meeting. Schedule a consultation by calling us today.
