Are jury trials available for defective drug injury claims?
In California, jury trials are available for defective drug injury claims. This means that, if a claim is brought against a manufacturer, distributor, or seller of a defective drug, a jury can decide the outcome of the trial. Plaintiffs bringing a claim can also request a jury if they believe the evidence shows that their case is strong. The jury will decide whether the defendant is liable for the harm caused by the defective drug, and if so, how much the plaintiff should receive in damages. The evidence the jury will consider includes medical records, testimony from witnesses, and expert testimony that shows how the defective drug was the cause of the injury. The jury may also consider circumstantial evidence that suggests the defective drug was the cause of the injury. The jury may also consider any additional factors in making its decision. Depending on the specific claim and relevant laws in California, the jury may consider issues such as whether the manufacturer was aware of the defect and failed to act, if the defective drug was used while following proper safety protocols, and if the plaintiff received proper warnings about the drug. In California, jury trials can be a useful tool for those looking to seek justice in drug injury claims. A jury of peers can weigh the evidence and make an informed decision on the outcome of the trial. Furthermore, requesting a jury trial can be an important way for plaintiffs to ensure they receive the compensation to which they are entitled for their injuries.
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