Damages in Defective Drug Claims

By Rocky Walton on November 11, 2018

A bottle of prescription pillsThe pharmaceutical industry makes hundreds of billions of dollars every year. With profits of this magnitude, one would expect these drug companies to take greater care looking out for consumers and patients. Sadly, that is not always the case, with many drugs causing harm rather than healing people. When this happens, it’s important that you contact the Arlington, TX product liability lawyers at The Law Firm of Roger “Rocky” Walton, P.C.A defective drugs attorney will hold negligent pharmaceutical companies accountable, and help you seek damages.

Legal damages are monetary awards in civil cases that are given to plaintiffs who have suffered harm or loss as a result of another person’s negligent actions. There are two types of damages that may be award: compensatory damages and punitive damages. Let’s go over each of these kinds of legal damages individually below.

Compensatory Damages

Compensatory damages are intended to cover actual material losses that have been experienced as a result of an incident. In the case of defective or dangerous drugs, this could mean the cost of additional medical treatment, lost wages due to illness, long-term disability as a result of injury, and even funerary costs if the defective drug proved fatal.

Calculating Compensatory Damages

To calculate compensatory damages, all of the bills, receipts, and invoices related to the defective drug case can be added. For long-term loss of future wages, reasonable estimates of the amount can be made based on career progression and normal earning of an individual.

It seems relatively straightforward, but sometimes there are disputes over what kind of loss is related to the defective drug. For example, a person may lose their job as a result of a defective drug injury, and may need to undergo training to start a new career. The pharmaceutical company may dispute the inclusion of this training in compensatory damages.

Punitive Damages

Punitive damages are intended to go above and beyond the scope of compensatory damages. These kinds of damages are meant to punish the negligent pharmaceutical company for harming consumers.

Calculating Punitive Damages

While calculating compensatory damages is rather straightforward, calculating punitive damages may be a bit trickier. The amount sought will usually be determined by the egregiousness of the injury, the nature of the negligence, and similar past civil cases regarding pharmaceutical negligence.

Going to Trial vs. Accepting a Legal Settlement

Sometimes to avoid a trial and paying damages, a pharmaceutical company may try to reach a settlement. The settlement paid to a plaintiff may seem fair, though it could be worth it to bring the case to trial depending on the nature of the drug defect. Bringing the dangers of the pill or medication to public record may be for the good of countless consumers.

This is why it’s so important to have a skilled attorney on your side. A member of our legal team can help determine if you should go to trial with your case or accept a legal settlement. Our guidance in these matters will prove invaluable.

Learn More About Your Legal Options

For more information about your legal rights and options after suffering an injury from a defective drug, be sure to contact our experience product liability lawyers. We are here to help you. The Law Firm of Roger “Rocky” Walton, P.C. can be reached by phone at (817) 576-8219.

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