What types of evidence do I need to prove a defective drug injury claim?
To prove a defective drug injury claim in Washington, you will need to provide evidence of all elements of the claim. This includes evidence that the drug was defective, that you were injured by taking the drug, that the injury was caused by the defect, and that your losses are linked to the injury. The first type of evidence needed to prove a defective drug injury is proof of the drug’s defect. You need evidence that the drug was defective and that the defect caused a dangerous side effect or other harm. The type of defect can include design defects, manufacturing defects, or marketing defects. Documents such as medical records, photographs, or laboratory test results can be used to prove these elements. Second, you need evidence that you took the defective medication and were injured because of it. This includes showing that you took the specific medication and that you were injured as a result. It can include medical reports, testimony from a healthcare professional, prescriptions, or any other evidence that proves that you took the drug and it caused you harm. Third, you will need evidence that links the injury to the defective drug. This means that you need to provide evidence that the defect directly caused your injury, and not from other sources. You can provide evidence from a medical professional that the injury was due to the taking the defective drug. Finally, you will need evidence of your losses. This includes the costs of the medical treatment, lost wages due to an inability to work, and other expenses associated with the injury. Documentation such as medical bills, pay stubs, or prescription receipts will help to establish your losses. In summary, you need evidence of the drug’s defect, that you took it and were injured by it, that the injury was caused by the defect, and your losses associated with the injury. All of this evidence will be necessary in a defective drug injury claim in Washington.
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