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

In New York, damages for a defective drug injury claim may include both economic and non-economic losses. Economic damages are tangible costs associated with an injury, such as lost wages, medical bills, and lost earning capacity. Non-economic damages are losses that are not financial in nature, such as physical and emotional pain and suffering, loss of consortium, and loss of quality of life. Defendants in a defective drug injury case may be held liable for both compensatory and punitive damages, though punitive damages are not a common award. Compensatory damages are intended to compensate the injured party for their damages, while punitive damages are designed to punish the defendant for their egregious conduct. In certain cases, the injured party may also be able to recover damages for loss of consortium, loss of companionship, or loss of mental capacity. These types of damages are designed to address the emotional and psychological distress caused by the injury in addition to the physical pain and suffering. In New York, the court may also grant reasonable attorney’s fees and costs associated with the lawsuit to the injured party. This can help alleviate some of the financial burden of filing a defective drug injury claim, though an attorney may still require payment of a retainer fee.

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

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