How do I calculate damages in a medical device injury case?
Calculating damages in a medical device injury case in Washington can be a complex process. Generally, the injured person may be able to receive compensatory damages for any economic loss or medical bills that resulted from the injury, as well as non-economic damages for emotional distress, pain and suffering, and other losses. The amount of damages is usually based on a “reasonableness” standard; for example, if a person’s medical bills or lost wages are documented, those amounts would likely be used to calculate damages. In addition, Washington state allows for punitive damages to be awarded in medical device injury cases. Punitive damages are generally awarded when the manufacturer acted with willful or reckless disregard for the safety of consumers and other parties. Punitive damages exist to punish the wrongdoer as well as deter similar behavior in the future. If the case is decided in favor of the injured person, the judge or jury will decide the amount of damages to be awarded based on the evidence presented. This could be done by using one of the methods discussed above, or by subjectively determining a reasonable amount of compensation. It is important to keep in mind, however, that there is no guarantee that any amount of damages will be awarded. The amount and type of damages, if any, that are awarded will depend on the specific facts of each case.
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