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 Washington. Punitive damages are a type of financial compensation that is intended to punish a defendant for criminal or intentional misconduct. In Washington, punitive damages may be awarded if a court finds that the defendant’s actions were malicious, oppressive, or fraudulent. A plaintiff seeking punitive damages must demonstrate the defendant’s conduct was reckless or intentional. In defective drug injury cases, this is usually demonstrated by showing that the defendant accepted or ignored warnings about the drug’s potential for harm, or that the defendant failed to adequately inform consumers about the drug’s risks. In Washington, punitive damages are limited to three times the amount of compensatory damages or a maximum of $500,000, whichever is greater. It is important to note that punitive damages can be very difficult to recover. The plaintiff must prove their case beyond a reasonable doubt and must establish the defendant’s reckless or intentional misconduct. If the defendant is able to provide proof that their conduct was reasonable, then the plaintiffs case may not be successful.

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

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