Is it possible to recover punitive damages in a defective drug injury claim?

Yes, it is possible to recover punitive damages in a defective drug injury claim in South Carolina. Punitive damages are a form of compensation or financial relief awarded to an injured person in order to punish the defendant for committing an especially negligent or intentional act causing injury. In order to be eligible for punitive damages, a person must prove that the defendant’s conduct was grossly negligent, reckless, willful, or malicious. These damages are awarded in addition to compensatory damages, which are designed to make the victim whole by restoring the money lost due to the injury. Punitive damages send a strong message to the defendant and society that such behavior is unacceptable and should not be tolerated. In South Carolina, punitive damages for defective drug injury claims are governed by the state’s laws. Plaintiffs must show malicious intent or gross negligence on the part of the defendant in order to receive punitive damages. In addition to proving that the defendant was negligent, the plaintiff must also prove that the defendant’s behavior merits an award of punitive damages. These damages are not always granted, as the court must determine that the defendant’s conduct was particularly egregious and merits punishment.

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Is it possible to recover punitive damages in a defective drug injury claim?

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