When an individual makes a claim for personal injury, they claim that they have sustained an injury because of an act or a failure to act by a defendant. Injuries may be physical, mental, or both.
If a plaintiff, or individual who files a lawsuit, is successful in their claim, they may be awarded monetary damages for personal injury, also referred to as compensatory damages. Physical injuries may include injuries to parts of the body, such as organs and limbs.
Mental health injuries may include the emotional pain and anguish which is caused by the accident or incident. It is important to note that injuries do not have to appear instantly and may develop over a period of time.
Personal injuries may occur intentionally, such as when a defendant deliberately causes an individual to be injured or if the defendant intends to commit an act which results in an injury. A personal injury, however, may also occur unintentionally.
If a plaintiff’s unintentional injury results from an individual’s negligence, the plaintiff may be able to file a lawsuit based on that negligent conduct.
Examples of negligence cases may include, but are not limited to:
What are the Elements of Personal Injury?
Personal injury attorneys help individuals who have suffered an injury obtain compensation for those injuries from the individual who is responsible. Personal injury law, however, is more complex than that.
It is important to be aware that personal injury laws do not address criminal law issues. When a plaintiff files a personal injury lawsuit, it is a civil claim.
Criminal actions may be filed separately if the incident which resulted in the personal injury was of a criminal nature. Personal injury actions fall into one of three main categories, including:
Each of these categories of personal injury laws has its own set of elements that must be proven in order for the plaintiff to prevail in their personal injury case.
What is Strict Liability in Personal Injury?
A strict liability case is a specialized type of case which usually applies to a business owner or manufacturer. These entities have a responsibility to ensure that their products are generally safe for an average consumer.
If an injury occurs, a defendant will automatically be legally responsible, regardless of whether they were negligent or had the intent to cause injury. The elements which must be proven in a strict liability claim include:
- Specific activity: Strict liability can only be applied in specific circumstances, including when a manufacturer markets a defective product that causes injury to consumers;
- Causation: The plaintiff must show that a reasonable individual should have realized the potential for injury, and would have acted accordingly in order to avoid it; and
- Damages: An actual injury must be shown. It is important to note that a product which simply does not work will not permit an individual to recover damages in a strict liability case.
What is a Prescription Drug?
Prescription drugs are medications that cannot legally be purchased without a prescription from an authorized medical professional, for example, a dentist or a doctor. Prescription drugs differ from over-the-counter drugs which may be purchased without having a prescription.
Prescription drugs tend to be stronger as well as more effective. However, they also tend to have more side effects than over-the-counter drugs.
Certain newer prescription drugs may also lack long-term research and testing. This means that side effects may develop over time.
What Are the Responsibilities of Drug Manufacturers to the Public?
In general, the duties of drug manufacturers mostly involve informing the public of any risks which are associated with taking the medication. Pursuant to the majority of state and federal personal injury laws, a manufacturer of a medication is required to:
- Research and thoroughly understand the product’s dangers and side effects; and
- Take steps to ensure that the public is well-informed of any risks or circumstances that might make the medication unsafe to consume.
For the majority of over-the-counter non-prescription medications, manufacturer warnings are typically conveyed by using proper warning labels or enclosures on the medication packaging. Prescription drugs, however, require the supervision of an intermediary individual, such as a trained specialist or physician.
The health and safety standards may be different regarding prescription drugs than over-the-counter drugs.
What are Unsafe Medications?
Unsafe medications are those medications which pose a risk of harm to a consumer or those which are considered to be unreasonably dangerous. In an ideal scenario, the manufacturer of a medication will fully research the nature and effects of the medication or drug prior to releasing it on the market.
Simply because a medication has been approved by the Food and Drug Administration (FDA) does not always mean that the medication is absolutely safe. Additionally, approval from the FDA does not shield a medication manufacturer from liability for harm which is caused by the product.
The majority of losses from an unsafe medication can be recovered by filing a lawsuit against the manufacturer. Depending upon the nature of the loss or injury, these types of claims may involve a number of different legal theories, including:
Legal recovery for losses typically includes a damages award which is intended to cover any expenses which were caused by the injury.
What is The Statute of Limitations for Personal Injury Claims?
There is a statute of limitations which applies to personal injury claims. A statute of limitations is a time limit an individual has to file a claim for their injuries.
If the statute of limitations runs, or expires, the injured party may be barred from bringing a lawsuit to recover for their injuries. These limitations are intended to preserve evidence as well as to reduce the likelihood of a false claim being filed.
It is important to note that the statute of limitations for different kinds of personal injury claims may vary from state to state. Because each state has its own laws on this issue, an individual must ensure that they are aware of the rules of their own state.
What is Mefloquine Hydrochloride?
Mefloquine is often sold under the name Lariam. It is used to fight off malaria.
In many cases, travelers to undeveloped countries in Africa, Asia, and South America may begin taking this medication a week before traveling to their destination and will continue taking the medication for 4 weeks after they return home.
Malaria is a parasite which is carried most commonly by mosquitoes. It has flu-like symptoms that may persist for years and, in severe cases, can cause heart and lung problems. Mefloquine destroys the bacterial parasites which cause malaria.
What are the Adverse Effects of Mefloquine Hydrochloride?
Consumers of Mefloquine have reported instances of psychotic episodes. These psychotic episodes included symptoms such as:
- Hallucinations;
- Tremors;
- Confusion;
- Panic attacks;
- Depression; and
- Paranoia.
In addition, suicidal thoughts have been associated with the medication but are unconfirmed as of yet.
What is the Current Status of Mefloquine?
The Food and Drug Administration (FDA) has released new warning labels to help prevent the occurrence of these psychotic episodes. Physicians as well as the FDA have warned consumers against the use of Mefloquine if they have a history of psychotic episodes.
Should I Seek Legal Help?
If you have recently taken Mefloquine and have been injured as a result of a psychotic episode, it may be helpful to contact a class action lawyer who specializes in defective medical products. Your lawyer will help organize your case and improve your chances of recovering for your injuries.
