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 Utah. Generally speaking, individuals who are harmed by a defective drug in Utah may be able to recover compensation for medical expenses, lost wages, and pain and suffering. However, there are limits on the amount of damages that an individual can recover. Under Utah law, an individual may not recover punitive damages for a defective drug injury claim. Punitive damages are typically awarded to punish a wrongdoer and deter similar behavior in the future. Because manufacturers of drugs are subject to government regulation, Utah courts generally do not allow punitive damages in defective drug injury cases. In addition, under Utah law, an individual cannot recover more than a certain amount for non-economic losses, such as pain and suffering, mental anguish, and disfigurement. The limit on non-economic damages is usually $450,000 for an individual claimant and $900,000 for multiple claimants. This limit does not apply to economic losses, such as lost wages and medical expenses. In short, while individuals injured by a defective drug can often recover compensation for their losses, they may be limited in the amount of non-economic damages they can receive.
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