What type of settlement can I expect if I win a defective drug injury claim?
If you win a defective drug injury claim in Washington, the settlement you can expect to receive will vary depending on the individual case. Generally, injured victims of defective drugs are eligible to receive compensatory damages which can include both economic and non-economic damages. Economic damages refer to out-of-pocket expenses such as medical bills, lost wages, and other related costs associated with the injury. Non-economic damages refer to losses that cannot be easily quantified such as physical pain and suffering and mental anguish. Punitive damages, which are designed to punish a defendant for gross negligence, may also be available in some cases. In addition to compensatory damages, a court may also award a plaintiff’s legal costs, such as attorney’s fees and litigation expenses. The amount of any settlement depends on the facts and circumstances of the case and is ultimately up to the court or a jury to decide. It is important to note that in Washington, a person who suffers an injury from a defective drug may also be eligible for compensation from a state fund specifically set up to help victims of defective drugs. The amount of this compensation is limited, however, and is determined on a case-by-case basis.
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