Can I recover damages for pain and suffering in a defective drug injury claim?

Yes, in South Carolina, you may be able to recover damages for pain and suffering in a defective drug injury claim. Generally, damages for pain and suffering refer to non-economic damages, such as physical and emotional suffering that an injured person experiences due to their injuries. These damages are designed to make the injured person as whole as possible. In order to recover damages for pain and suffering, the injured person must prove that the other party was negligent or careless. Negligence can be defined as a lack of reasonable care, and can be demonstrated if the other party failed to do something that a reasonable party would have done in the same situation. This negligence must have caused the injury in order for the injured person to collect damages. Additionally, the injured person must prove that they suffered real damages, such as physical or emotional pain and suffering, as a result of the injury. This may require the injured person to present medical evidence or witness testimony in order to demonstrate the extent of their pain and suffering. If the injured person is able to successfully prove negligence and damages, they may be able to receive a financial award for the physical and emotional pain they experienced due to the defects in the drug.

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