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

A court determines the amount of damages in a medical device injury case based on the extent of the harm caused to the victim. In South Dakota, damages may include medical expenses, lost wages, pain and suffering, mental anguish, disfigurement, and any other losses. In the calculation of damages, a jury must consider the victim’s age, occupation, past and future medical expenses, and any other factors the court deems relevant. The court may also take into consideration the defendant’s degree of fault. If the manufacturer of the medical device was negligent in the design, manufacture, or distribution of the device, the court may award punitive damages. Punitive damages are intended to punish the defendant for their wrongdoing and to deter them from similar conduct in the future. An experienced medical device injury lawyer can help identify the types of damages to which the victim may be entitled and can negotiate with the court or the manufacturer on the victim’s behalf. The lawyer will also assess the victim’s medical expenses, lost wages, and pain and suffering, and present evidence in court to prove the victim’s damages, including expert testimony. Ultimately, the court will determine the amount of damages based on the evidence presented.

Related FAQs

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

Related FAQs

Related Blog Posts