Are there any limitations on damages in a defective drug injury claim?
Yes, there are limitations on the damages that can be recovered in a defective drug injury claim in Washington. Generally, damages are limited to the amount of economic damages a person suffered due to the defective drug, such as medical costs, lost wages, and property damage. In some cases, a person may be able to receive monetary compensation for their pain, suffering, and loss of enjoyment of life. However, this type of non-economic damages are limited and are often hard to prove. Furthermore, punitive damages and attorney’s fees are not allowed in Washington state, meaning that a person cannot receive additional compensation for exemplary conduct or legal expenses. Additionally, Washington state has a three-year statute of limitations for filing a defective drug injury claim. This means that any claim must be filed within three years of when the injury occurred, otherwise the person may become ineligible to recover any damages. In conclusion, there are limitations on the damages that can be recovered in a defective drug injury claim in Washington. Economic damages are generally recoverable, but non-economic damages, punitive damages, and attorney’s fees are not allowed. Additionally, there is a three-year statute of limitations for filing a claim.
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