Liability in Irvine Opioid Cases

When over-the-counter medications such as acetaminophen and ibuprofen do not work well for pain control, physicians frequently prescribe opioid-based drugs to help alleviate many different types of pain. Opioid medications work by blocking pain signals to the brain, convincing the brain that the body is not feeling pain sensations.

Although these prescription pain relievers are extremely helpful for relieving most patientsā€™ pain, they could lead to an overdose or addiction. If your life or the life of someone you love has been harmed or even lost due to one of these medications, you might be wondering who could be held liable. Fortunately, there are attorneys who could help determine liability in Irvine opioid cases.

Liability in Irvine Opioid Lawsuits

As per CFR 201.56 and 201.57, drug manufacturers are legally required to label their medications with specific information so that consumers are able to make informed decisions about using them. Pharmaceutical companies have a duty to provide adequate warnings regarding the side effects, risks, and the potential for addiction for all drugs that they manufacture.

When a duty of care exists, and a drug company ignores or only half meets that duty, that drug company creates liability. If consumers of their product are injured, the drug company could be held liable for the damages they cause which might include:

  • Medical expenses
  • Drug addiction treatment costs
  • Lost wages
  • Loss of enjoyment of life
  • Pain and suffering
  • Funeral expenses and burial costs
  • Attorney fees

Doctors and pharmacists are ethically and legally held to strict standards that help prevent their patients from becoming addicted to prescription drugs. If they fail to fulfill their duty to help prevent addictions and other problems, they could also have liability in opioid cases in Irvine.

The Deadline to Pursue Opioid Damages

Potential plaintiffs in opioid cases should be aware that their legal right to file a claim has a deadline. This deadline is called the statute of limitations and generally begins on the date that the injuries occurred. California Code of Civil Procedure Ā§ 335.1 gives plaintiffs in personal injury cases two years from the date of the underlying accident to file their legal claim.

Since it might be confusing as to when the statute of limitations starts in opioid cases, consulting with a seasoned attorney is advised. By receiving legal assistance, injured individuals and their families could ensure that they exercise their legal rights to the fullest extent and maximize their compensation.

Filing an opioid lawsuit after the statute of limitations expires jeopardizes any compensation the plaintiff could receive. If the applicable statute of limitations expires, the lawsuit would more than likely be thrown out.

Determining Liability in Irvine Opioid Claims

Determining and proving liability in Irvine opioid cases is difficult. With the knowledge and experience of a skilled attorney on your side, you could receive a pre-trial settlement or even a court award for your damages.

However, your right to file an opioid claim is time-sensitive. You could have a much better chance of receiving compensation for your damages by acting as soon as possible to exercise your legal rights. If you are ready to get your case started, schedule a case consultation today.