What types of damages can be recovered in a medical device injury lawsuit?

In South Dakota, a person who has been injured due to a medical device may be able to recover damages in a medical device injury lawsuit. The types of damages that may be recoverable include economic damages, such as medical expenses, lost wages, and lost earning capacity; non-economic damages, such as pain and suffering; punitive damages, which are meant to punish a reckless or intentional wrongdoer; and attorney fees. Economic damages relate to out-of-pocket costs that a person has incurred as a result of their injury. These damages are intended to make the person whole again by compensating for past, present, and future medical bills, lost wages, and any lost earning capacity. Non-economic damages are not tied to a specific dollar amount and instead compensate the injured person for the effects of the injury, such as pain and suffering or emotional distress. These types of damages are not easy to calculate and require the court to consider factors such as the severity of the injury, the person’s age, and their future ability to lead a normal life. In some cases, punitive damages may be available to punish a wrongdoer for reckless or intentional misconduct. These types of damages are rare and are only awarded when the court finds that the defendant acted with an extreme disregard for the safety of the injured person. Finally, the court may also award attorney fees to cover the cost of the injured person’s legal representation. Attorney fees are typically awarded when the court finds that the injured person was successful in their medical device injury lawsuit.

What types of damages can be recovered in a medical device injury lawsuit?

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