How does the court determine the amount of damages in a medical device injury case?

In a medical device injury case, the court determines the amount of damages by considering the financial and physical effects of the injury on the plaintiff. The court looks at the past and present medical bills of the plaintiff, as well as any lost wages due to the plaintiff’s inability to work. Additionally, the court may also consider any non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. In California, medical device injury cases are generally decided using a “comparative fault” system which takes into account the percentage of fault attributed to the manufacturer of the medical device in comparison to the plaintiff’s own contribution to the incident. If it is determined that the manufacturer is at least 50% at fault for the harm caused to the plaintiff, then they will be held liable for the damages. In addition to the financial and physical losses caused by the injury, the court may also award the plaintiff with punitive damages. Punitive damages are awarded in order to punish the defendant for their unreasonable behavior and to serve as a deterrent to future misconduct. The amount of punitive damages awarded is based on the level of recklessness or purposefulness of the manufacturer’s conduct. Medical device injury cases are complex and require an experienced attorney to successfully argue for the highest possible award for the plaintiff. When determining what amount of damages to award, the court takes into account a number of factors such as the seriousness of the injury, the amount of negligence on the part of the manufacturer, and the size of the awards needed to adequately compensate the plaintiff for their losses.

How does the court determine the amount of damages in a medical device injury case?

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