How does the judge determine damages in a medical device injury case?
The amount of damages a judge awards in a medical device injury case depends on the type and severity of injuries suffered, as well as any losses the injured person has experienced, such as medical expenses. Generally, damages are categorized into two categories - economic and non-economic. Economic damages are intended to compensate for any losses incurred as a result of a medical device injury, such as medical expenses, lost wages, lost earning capacity, and property damage. On the other hand, non-economic damages are intended to compensate for any emotional distress or physical pain and suffering caused by the medical device injury. The process for determining damages in medical device injury law is complex and will involve an analysis of the injured individual’s specific circumstances. Judges will review the medical records and testimony of medical professionals, as well as medical and economic experts to get an understanding of the injury and its impact on the plaintiff’s life. The judge may also consider any offers of settlement and compare them against the total estimated damages. When determining the amount of damages, a judge must consider economic and non-economic damages, as well as the degree of fault on the part of the defendant. Ultimately, the judge must determine a fair and reasonable award for the plaintiff that compensates them for their medical device injury.
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