Are there any limitations on damages in a defective drug injury claim?

Yes, there are certain limitations on damages in a defective drug injury claim in California. Generally speaking, California laws limit damages to the amount of the claimant’s actual economic losses, such as medical costs, lost wages, and property damage. In addition, the State of California caps punitive damages, which are awarded to punish a wrongdoer for particularly egregious conduct, at $250,000. Furthermore, California also has damage caps for certain wrongful death (also known as “survival”) actions, whereby an injured person’s estate is allowed to sue a liable party on behalf of the deceased. These damage caps depend on the date of death, but are generally limited to $250,000 to $3 million. There are also instances in which a defendant may be required to pay additional damages known as “treble damages” or “enhanced damages.” These damages, which can be up to three times the amount of a claimant’s actual losses, are only awarded when a defendant is found to have acted in a malicious or oppressive manner. In summary, there are various limitations on damages in a defective drug injury claim in California, including actual economic damages, punitive damages, wrongful death damages, and treble or enhanced damages, depending on the circumstances. The laws can be complex, so it is important to speak with an experienced attorney to determine what limitations may apply in your particular case.

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Are there any limitations on damages in a defective drug injury claim?

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