Can I recover damages for pain and suffering in a defective drug injury claim?
Yes, it is possible for a person to recover damages for pain and suffering in a defective drug injury claim in California. Pain and suffering is a type of non-economic damage that can be recovered in a defective drug injury lawsuit. This can include not only physical pain, but also emotional distress, such as anxiety, depression, and other psychological issues that may have been caused by the defective drug. When determining a fair amount of compensation for pain and suffering, the courts examine the facts of the case carefully to determine what the person has gone through. The court may consider the severity of the injury, the duration of the pain, the person’s age and condition at the time of the injury, and other factors when deciding the amount of compensation. It is important to note that in California, there are limits on the amount of recovery for pain and suffering. Generally, the amount of compensation for pain and suffering is limited to three times the amount of any economic damages, or a maximum of $250,000, whichever is greater. If you have been injured by a defective drug and are considering filing a defective drug injury claim, it is important to speak with an experienced lawyer. They can provide you with more information about the types of compensation you may be entitled to and help you seek the damages you are owed.
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