Are there any limitations on damages in a defective drug injury claim?
Yes, there are limitations on damages in a defective drug injury claim in Hawaii. Generally, these limitations are based on the type of injury suffered due to the defective drug. For example, if the injured person has sustained a physical injury, they may be able to recover damages for medical expenses, lost wages, pain and suffering, and inconvenience. However, if the injury is classified as non-economic, such as a mental or emotional injury, the damages may be reduced. In this case, the court will often limit the amount of damages the injured person can recover based on the severity of their injury and any pre-existing conditions they may have. When filing a claim for damages due to a defective drug, it is important to be aware of the specific laws in the state of Hawaii, as they may vary from those in other states. For instance, Hawaii has a statute of limitations on defective drug claims, which states that the claims must be filed within two years of the injury being suffered. This means that any claims filed after two years may not be recognized under the law. Overall, there are limitations on damages related to defective drug injury claims in Hawaii. It is important to consider all of the laws applicable to your case, as well as the type of injury suffered, before making any claims for damages.
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