What type of damages can I seek
in a personal injury claim?
If a medication has caused you injury, you will most likely be seeking financial
compensation (damages) for your injuries. In order for the court to award damages, you will have to prove the four
elements of a personal injury tort case. The four elements are that the defendant owed a duty to you (the
plaintiff), that duty was breached by the defendant, the breach caused the injury you sustained and that you were,
in fact, injured as a result of taking the dangerous medication.
If you have proved your case, the court will look at the amount of loss you have incurred,
such as costs of medical care and treatment, loss of earnings, the severity of the injuries suffered, the amount of
future assistance you may need and other factors depending on the facts of your case. In some cases, the court or
jury may also award punitive damages (in addition to compensatory damages).
Punitive damages will often consider the amount of pain and suffering the victim
experienced. These types of damages are intended to punish the defendants for their wrong doing, as pain and
suffering can never be sufficiently compensated.
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