When your doctor prescribes you a medication to try, most people trust that it will help them feel better and recover from what injuries, illnesses, or symptoms they are experiencing. It’s unfortunate that not all medications work as they’re supposed to.
Sometimes, these medications can even be defective, leading to adverse reactions that can change your life and health at the drop of a hat. In these cases, drug manufacturers may be obligated to compensate you for your losses under New York law.
If defective drugs have harmed you or someone you love, keep reading to find out what options are available.
Can You File a Lawsuit for an Injury by Defective Drugs?
In New York, whether or not you can file a lawsuit depends on who is responsible legally for your injury. If the drug manufacturer did not properly design, manufacture, or market the drug, they may be liable for your injuries.
If, during the distribution process, the drug becomes defective, then you may be able to pursue damages for your injuries from the distributor. An experienced attorney can help you to understand if you have a claim and who may be at fault to seek damages.
Who Is Liable under New York Law?
Before you file a lawsuit, you must decide who you believe to be the liable party. It may be the manufacturer. Or perhaps with the doctor or pharmacist if they were negligent in supplying or prescribing the medication to you. You may be able to seek damages from your medical care provider if they are deemed at fault for the injuries you suffered due to the drug.
What Compensation Can New Yorkers Recover?
One part of a case regarding defective drugs in New York is identifying and quantifying the damages you sustained. Sometimes, a person’s injuries may entitle them to non-economic damages such as pain and suffering, loss of consortium, or reduced quality of life. In other cases, a person may be able to pursue economic damages such as medical expenses, loss of wages, and even the loss of capacity to earn money due to your injuries.
Cases of Wrongful Death in NY
If someone died due to a defective drug, you may be able to pursue a lawsuit based on wrongful death. Compensation can cover the lost wages of the deceased and funeral expenses.
You will need to consult with an expert attorney regarding wrongful death cases in New York, however, because our state has strict laws regarding who can bring wrongful death claims and when they can do so.
How Long Do You Have to File a Claim?
In New York, dangerous or defective drug lawsuits have a statute of limitations that falls under product liability. In general, you have three years from the date of the injury to bring a lawsuit.
Even though you have three years, the sooner you can bring a lawsuit after you are harmed by a defective drug, the stronger your case will be. And filing after the deadline will result in your case being dismissed, ensuring you will lose out on any potential compensation.
Harmed by a defective drug in New York? Talk to an experienced attorney today to help you understand what paths you can take for compensation.