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If you or a loved one has suffered an injury from a defective drug or medical device, it’s important to know your rights. Depending on the circumstances of your claim, you could be entitled to receive compensation from doctors, drug companies, and manufacturers. If you want to file a product liability claim to get the compensation you deserve, you’ll need to work with an experienced Alabama personal injury attorney who can help you investigate these large corporations and sift through medical records for the proof you need.
Keep reading to learn more about what determines whether you have a valid product liability claim and what compensation you have a right to receive.
If you’re considering filing a product liability claim in Alabama, these three state laws will determine whether you can start the filing process.
There are three types of product liability issues that may be used in defective drugs or medical devices claims. In order to file a product liability claim, you need to meet the criteria outlined in the previous section and prove that at least one of these circumstances applies to your defective product.
Once you’ve established that you have a right to pursue compensation through a product liability claim, it’s important to understand other factors that may affect your compensation.
If you have a valid claim, you are entitled to receive compensatory damages — which can include compensation for both financial losses related to your injury and any suffering you experienced.
In addition to compensatory damages, you may also be entitled to receive punitive damages. Punitive damages are designed to punish the responsible party for their wrongful acts. A judge will only award punitive damages in cases where the defect resulted in a death or if the defendant acted fraudulently or maliciously.
Each state decides how negligence is determined for personal injury and product liability cases. Many states use a comparative fault model for this determination and rule that if you are partially to blame for an injury, your compensation will be decreased by the percent of your blame. However, Alabama is one of the few states that follows a contributory negligence law.
Under contributory negligence, if the defense can prove that you were even 1% responsible for your injury, you will not be entitled to receive any compensation. This is one of the most common ways the defense will try to counter your claim. For product liability cases, the easiest defense is to claim that the victim used the product improperly or did not take the medication safely or as directed. It is up to you and your attorney to prepare strong evidence to refute these allegations.
If you’ve been the victim of a dangerous drug or medical device, you may be entitled to compensation for your injuries and suffering. But hospitals, pharmaceutical companies, large manufacturers, and insurance agencies will try to take this right away from you using the contributory negligence law and other tactics. Contact Andy Citrin Injury Attorneys for help protecting your rights and pursuing justice through a medical product liability or defective drug claim.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
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