Denver Dangerous Drugs Lawyer
Prescription medications and other drugs are sold with the promise of treating our ailments and other conditions. Unfortunately, the opposite can happen where taking a drug causes further illness or injury.
A Denver dangerous drugs lawyer could help parties injured by harmful or defective medication seek claims for compensation against drug manufacturers, pharmacists, doctors, and other liable parties. Contact our experienced personal injury attorneys today to schedule a consultation.
Liability for Injuries From Dangerous Drug Consumption
Dangerous drug lawsuits are a subcategory of claims for defective product liability. Manufacturers, doctors, and others in a prescription medication supply chain to the consumer can be liable for harm arising from their negligence in providing the drug.
Negligence in distributing a dangerous drug can take many different forms. For example, liability under a harmful drug lawsuit could happen through the following misconduct:
- Failing to properly test for adverse side effects
- Misrepresenting or not disclosing a drug’s effects to governmental compliance agencies like the FDA
- Failing to warn users about the risks and potential side effects of a drug
- Not providing sufficient instruction for safely using a medication
Injuries from a dangerous drug could also occur through a prescribing doctor or pharmacist’s failure to identify issues, including a patient’s pre-existing conditions or medication that might create an adverse reaction when combined.
Materials that can be useful in establishing liability may include marketing items, prescription instructions, pill bottle labels, and other communications to the consumer. A Denver lawyer could provide more information on proving fault in a dangerous drugs case.
Damages Available to Claim in a Dangerous Drugs Lawsuit
Injured parties can file a lawsuit against the people responsible to recover compensation for their damages. Colorado allows plaintiffs to obtain economic damages, such as lost earning capacity and medical costs, and non-economic damages, which provide for losses to quality of life, including pain and suffering.
The precise amount of compensation available will depend on the severity of a person’s injury from taking the dangerous drug and its impact on their life. Relevant to this calculation could be an individual’s age, career, and the extent of any resulting disability or permanent effects.
Issues That Could Limit Compensation
Dangerous drug cases can be complex when specific facts or disputes have the potential to limit a distributor’s liability. Arguments about comparative fault could arise from a defendant’s claim that injury occurred through a consumer’s failure to disclose relevant medical history or take the dangerous drug as instructed.
In Colorado, a jury’s finding of comparative fault can limit a plaintiff’s compensation by their percentage of fault and bar recovery against others when their liability is greater than 50 percent.
Deadline to File a Claim for Injuries From a Dangerous Drug
Colorado has a two-year statute of limitations for claims against the manufacturer or seller of a product that causes personal injury under CRS 13-80-106. Injured parties must file within this limited period to maintain their right to seek compensation in court for damages.
In dangerous drug cases, this filing period could begin to run on the date a person started taking the medication or when they became aware of its harmful effects. During a consultation with a dangerous drugs lawyer in Denver, they could help determine the applicable filing deadline in a case.
Consult With a Denver Dangerous Drugs Attorney Today
When you or your loved one has sustained injuries from a harmful medication, you deserve to be compensated for your losses. Get help pursuing a personal injury claim with the professional representation of our Denver dangerous drug lawyers.
We have experience navigating the litigation process for these claims and understand the key issues essential for obtaining a successful judgment or settlement. Schedule a consultation with our office today to get started on your potential claim.
