What type of injury is necessary to prove a defective drug injury claim?
In California, injured individuals must be able to prove that they have suffered a necessary injury or illness due to a defective drug in order to pursue a defective drug injury claim. Generally, this injury must be tangible, such as physical harm, emotional distress, or other types of damages. In order to demonstrate this harm, one must be able to establish a direct link to the drug, as well as any other factors that may have contributed to the injury. Additionally, the injury must be significant and must involve a substantial decrease in quality of life in order to be compensable. Common types of injury that may be eligible for a defective drug injury claim include physical pain, mental anguish, physical disability, and financial losses due to medical bills or lost wages. It is important to note that in California, a defective drug injury claim may also involve injuries from medical devices, such as pacemakers, as well as injuries from generic drugs. Additionally, the injured individual must also be able to prove that the manufacturer of the drug or device was negligent in its production, design, or labeling. The legal process for pursuing a defective drug injury claim in California can be complex and involve many different factors, so it is important to consult with a skilled attorney who is knowledgeable about the area of law in order to ensure the best possible outcome.
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