Damages in a Defective Drug Lawsuit

Punitive and Compensatory Damages

Another component of a prodcut liabilty lawsuit is the recovery of damages for the injured clients. Awarded in civil actions, personal injury damages are monies allotted to those who have been wrongfully injured by someone else. Damages are intended to help restore the victim physically, emotionally, mentally and financially. The two main types of personal injury damages are compensatory damages and in limited circumstances, exemplary or punitive damages.

Actual or Compensatory Damages

Compensatory damages, both in the past and future, which are sometimes referred to as actual damages, cover all financial expenses and physical injuries and losses associated with personal injury including but not limited to the following:

Wrongful Death Danages in a Defective Drug Lawsuit

Wrongful death is under tort law and is designed to compensate for harm to a person resulting in death.  A wrongful death lawsuit holds that the decedent died as a result of negligence or other liability, and that the surviving dependents or beneficiaries are entitled to monetary (money) damages as a result of the defendant's negligent or gross negligent conduct. If the defendant is found grossly negligent, then the jury or judge can award punitive damages. Each state in the United States has is own wrongful death statutes or wrongful death laws that govern wrongful death claims and wrongful death lawsuits.

Punitive Damages

Often called exemplary damages, punitive damages are typically awarded to the plaintiff in addition to compensatory damages when the defendant's conduct has been especially malicious or oppressive. Punitive damages are awarded to punish the offender and to deter others from engaging in similar actions. Punitive damages or exemplary damages are often awarded in cases where the defendant's action amount to gross negligence in those cases where the defendant acted with conscious indifference to the rights and safety of others or the actions were the result of the defendant's wanton, willful disregard as to the safety of others and for intentional behavior. If it can be proved that the makers of a drug knew it was defective or dangerous to the useres for many months or years before it was recalled, then the those defendants may be held liable for punitive damages or gross negligence.

How much can you Receive in Personal Injury Damages?

Personal injury damages are determined on an individual, case-by-case basis. The amount is decided by the jury but can be reviewed by the court. If a judge feels that the amount of damages is excessive, he or she can order remittitur, a process in which the punitive damages are reduced without a new trial or appeal. If a judge feels that the amount of damages is inadequate, he or she can order additur, whereby punitive damages are increased without a new trial or appeal.

Defective Drug & Drug Recall Lawsuit - Talk to a Lawyer

Call the Willis Law Firm in Houston, Texas to discuss the legal options available to you and your family. Talk to a Board Certified Personal Injury Trial Lawyer. All cases accepted on a contingency fee basis! Call us if we cam assist you.