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Types of compensation for defective drug lawsuits

Many people in Tennessee understand that they can pursue a civil lawsuit if they are harmed by defective prescription drugs. However, we at Bart Durham Injury Law appreciate how difficult it can be for people in this position to deal with the civil litigation process while they are simultaneously trying to recover from their injuries. Often, a good first step is to gain a basic overall understanding of one component of such lawsuits, such as potential damages.

In many states, people who have been injured due to the use of defective prescription drugs have the right to pursue personal injury litigation against the drug's manufacturer and/or distributor. If successful, plaintiffs (the victims bringing these legal actions) can be awarded monetary compensation. This are collectively called damages, which can be either compensatory or punitive.

As explained by the Cornell University Legal Information Institute, compensatory damages are applied to reimburse victims for their losses. These can include quantifiable amounts, such as medical expenses and a loss of employment or reductions in earning potential. In addition, these damages can include compensation for emotional and psychological trauma, such as mental anguish.  

Punitive damages, on the other hand, are not tied to the injuries of the victims. Rather, they are intended to punish defendants who behaved in a manner that was especially harmful or reckless. As this definition suggests, punitive damages are not typically awarded in personal injury suits.

If you would like to learn more about this issue, please visit our page on Yaz Cases, which discusses some of the damages that may be obtained via a lawsuit. 

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