What kind of damages are available for a defective drug injury claim?

In California, those who have been injured due to a defective drug are able to bring a claim for damages. Damages that may be available include both economic and non-economic losses. Economic damages compensate a claimant for any out of pocket costs they have incurred due to the injury, such as the cost of medical expenses, lost wages if the injury caused the claimant to miss work, and decreased earning capacity if the injury caused permanent impairment or disability. In addition to economic damages, a claimant may also seek non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. Pain and suffering compensates a claimant for physical discomfort as a result of the injury, while emotional distress covers mental anguish caused by the injury. Finally, loss of enjoyment of life compensates the claimant for any activities they were unable to enjoy due to the injury. When the manufacturer of a defective drug has acted negligently, the claimant may also be able to seek punitive damages. Punitive damages are not meant to compensate the claimant for their losses, but rather to punish the defendant for conduct that was so reckless it was considered to be malicious. In California, a claim for damages for a defective drug injury must generally be filed within a certain time frame. An experienced injury attorney can review your case and advise you of all your legal options.

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