What types of damages can be recovered in a medical device injury case?
In Illinois, when someone is injured by a medical device, they may have the right to pursue a claim for damages. Damages are the losses suffered by the injured person or the monetary compensation they are owed for the harm caused by the device. Generally, there are two types of damages that can be recovered: economic and non-economic. Economic damages are designed to compensate the victim for financial losses resulting from the incident. This could include medical expenses, lost wages, reduced earning capacity, and the cost of any necessary rehabilitation. Non-economic damages are intended to compensate the victim for losses that are not easily calculable. This type of relief is typically used to address the emotional and physical pain and suffering endured by the victim. The court may also award non-economic damages to address the injured person’s loss of enjoyment of life or any disfigurement that resulted from the incident. In some cases, the court may also award punitive damages. These damages are not intended to compensate the victim, but rather to punish the wrongdoer and deter similar conduct in the future. As such, punitive damages are typically only granted in cases where the defendant’s behavior was especially reckless or intentional. It is important to remember that every case is unique and that the damages recoverable in a medical device injury case will depend on the facts of the particular incident. Therefore, it is important to contact an experienced attorney familiar with medical device injury law in Illinois to understand your rights and the types of damages that may be available in your case.
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