Are there any damages that are not compensable in a defective drug injury claim?

When it comes to filing a defective drug injury claim in New York, there are potential damages that may not be compensable. These include damages related to mental anguish or emotional distress, punitive damages, and lost wages. Mental anguish and emotional distress damages are typically not compensable in New York defective drug injury claims. This is because mental anguish and emotional distress damages are much more difficult to quantify and lack of hard evidence to support the claim that drug caused such distress. In addition, New York generally does not allow punitive damages in defective drug injury claims. Punitive damages are meant to punish and are awarded in cases where the defendant has acted with willful misconduct. Finally, lost wages are not typically compensable in New York defective drug injury claims. This is because the plaintiff must prove that they were actually losing wages due to the defective drug’s injury and that the injury was a direct result of taking the drug. The burden of proof is especially high for lost wages claims since it is difficult to prove a connection between the drug and the wages lost. In summary, when it comes to filing a defective drug injury claim in New York, there are several potential damages that may not be compensable, including damages related to mental anguish or emotional distress, punitive damages, and lost wages.

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Are there any damages that are not compensable in a defective drug injury claim?

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