How are punitive damages factored into a medical device injury settlement?

Punitive damages are a type of financial compensation given to a plaintiff for a wrongful injury suffered due to a medical device. Punitive damages are intended to punish the defendant for their wrongful conduct that led to the injury, and to deter others from the same conduct in the future. In the state of Washington, punitive damages are taken into account when calculating the settlement amount for a medical device injury. Generally speaking, punitive damages are only awarded when the defendant’s actions are found to be particularly egregious or malicious. In other words, when their behavior was intentional or showed a reckless disregard for the safety of others. When punitive damages are taken into account, the plaintiff’s settlement amount is typically much higher than if they were not considered. This is because the court wants to ensure the defendant is made aware of how serious their behavior was and is given an additional financial penalty for their wrongdoing. A settlement is then decided upon between the parties, which takes into account all damages, including punitive damages. The settlement must be agreed to by both parties, and the court must also approve it before it can be enforced. If the settlement is not approved, either party may choose to go to trial instead.

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How are punitive damages factored into a medical device injury settlement?

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