Do I need to prove negligence in a defective drug injury claim?

Yes, you will need to prove negligence in a defective drug injury claim in California. This means that you will need to prove that the manufacturer or pharmacist was negligent in their duty to provide a safe and effective drug to you. This can be done through gathering medical records, expert testimony, and other evidence that can prove that the manufacturer or pharmacist was responsible for the unsafe drug. To prove negligence in a defective drug injury claim in California, you must be able to show that one of the following is true: 1. The manufacturer or pharmacist had a duty of care to you and they breached their duty of care. 2. The manufacturer or pharmacist was careless or reckless in the production of the drug, or in its distribution to you. 3. The manufacturer or pharmacist failed to provide adequate warnings of known dangers associated with the drug. 4. The manufacturer or pharmacist made a false representation about the safety of the drug. Once you have established that the manufacturer or pharmacist was negligent in their duty of care, you will need to prove the extent of the injury or harm suffered as a result of their negligence. This can include medical bills, lost wages, pain and suffering, and other damages suffered by you. In California, it is especially important to be aware of the Statute of Limitations, which requires that the negligent claim must be filed within two years of the date of injury. If the claim is not filed within this time period, you may be unable to recover any compensation for your injuries. Therefore, it is important to seek legal advice as soon as possible to determine if you have a viable claim.

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