How to Prove Negligence in a Case
In any personal injury case, negligence is typically the focus of the lawsuit. Because a person is innocent until proven guilty, the plaintiff suing for damages must have substantial evidence that the defendant not only acted negligently, but that his or her actions caused the injuries. The Yasmin side-effect lawyers of Williams Kherkher have represented a number of individuals who have suffered from defective pharmaceutical drugs and understand the legal standards that your case must meet to prove that the defendant is guilty. Proving negligence in a case consists of four legal steps as outlined below.
- Duty: Under the law, individuals have a responsibility to act reasonably in a way that does not cause harm to others. Product manufacturers, for example, have a duty to make sure that their products are safe for use by consumers. In the case of pharmaceutical companies, it can be argued that these companies have a duty to only release drugs that have been tested and are known to not cause harm. Once the defendant’s duty of care has been established, the case can proceed.
- Breach: The next step is to determine if the defendant breached their duty to others. This means that the plaintiff must show that the pharmaceutical manufacturer did not take reasonable care to protect consumers from harm. The measure that is commonly used to determine a breach is called the “reasonable person” standard. If there is evidence that the company acted in a way that a reasonable person would have avoided, the company may have breached their duty to consumers.
- Causation: Once a breach of duty has been established, the plaintiff must prove that the defendant’s actions led to the plaintiff’s injuries, either directly or indirectly. This is the most difficult part of the case, because even if you are sure that the defendant is responsible, he or she can not be found guilty without evidence of causation. Your lawyer can help you compile any evidence that you may have to prove causation, including medical studies and testimony from expert witnesses, such as health care professionals.
- Damages: After causation has been proved, the plaintiff must have evidence of actual damages that occurred as a result of the defendant’s negligence. In a case involving defective pharmaceutical drugs, damages may include resulting physical or mental health problems, injuries, medical bills, lost wages from time off of work, emotional distress, and pain and suffering. Your doctor and other health professionals can serve as witnesses to your case.
Negligence cases can be difficult to prove if they are not well organized and prepared. The Yasmin side-effect attorneys of Williams Kherkher understand the legal hurdles involved in a defective medication lawsuit and will work with you to prepare your case for court.
For sound legal advice and assistance with preparing your lawsuit, please contact the experienced Yaz side-effect lawyers of William Kherkher today at 800-761-3187.