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

Yes, there are limitations on damages in a defective drug injury claim under New York law. The most important limitation, which applies to all torts, is that you can only recover damages that are the direct result of the injury. So, for example, if you are claiming a defective drug caused you to suffer from a physical injury, you are limited to only the medical expenses and lost wages that are directly related to the injury. Additionally, there are limits on the amount of money you can receive in a defective drug injury claim. The law caps the amount of compensatory damages that can be recovered, based on your specific circumstances. This means that if you are claiming a defective drug caused you to suffer from a physical injury, your damages will be limited to the amount that you can reasonably prove is the result of that injury. Lastly, under New York law, there are limits on the amount of punitive damages that can be recovered in a defective drug injury claim. This means that even if a court finds that a drug manufacturer was negligent in its manufacturing or distribution of a drug, it may still limit the amount of punitive damages that can be awarded. In short, while there are some limitations on damages in a defective drug injury claim in New York, it is still possible to recover damages for any damages suffered as a result of the defective drug. It is important to speak with an experienced defective drug injury attorney to understand the exact applicable limitations in your case.

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