If a drug manufacturer is found liable, what type of damages can be recovered?
If a drug manufacturer is found liable for an injury caused by a defective drug, the injured person may be eligible for various forms of financial compensation. This is known as compensation for damages. Some of the types of damages that may be recovered from a drug manufacturer in Florida include medical and hospital expenses, lost wages due to missed work, pain and suffering, and compensation for a diminished quality of life. Medical and hospital expenses can include all costs related to the injury, such as doctor’s appointments, hospital stays, home health care, medication, and medical devices. Lost wages due to missed work are determined based on the amount of time the injured person was unable to work due to their injury. Pain and suffering refers to any physical or emotional distress caused by the injury, and may include mental anguish, loss of companionship, or loss of enjoyment of life. Compensation for a diminished quality of life is meant to reimburse the injured person for any losses that were not directly caused by their injury but still impacted their quality of life. Depending on the specific circumstances of the injury, the drug manufacturer may also be liable for punitive damages. Punitive damages are awarded to punish the defendant for particularly egregious behavior in order to deter similar behavior in the future. In Florida, punitive damages can only be awarded if the defendant’s conduct was malicious or reckless. Therefore, it important for a victim to work with an experienced defective drug injury lawyer who can determine if punitive damages are available.
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