Defectively designed and manufactures prescription drugs are the cause of tens of thousands of dangerous and often life threatening side effects each year. Our law firm speaks with numerous victims who seek legal consultation regarding injuries cause by dangerous pharmaceutical drugs. One of the most often asked questions asked our clients during legal consultations with our attorneys is “what is the value of my case”, or “what if the average settlement amount for the type of lawsuit I have.” Every case is unique containing of numerous differing factors each playing a significant role in determining the estimated value of a case. The best way to determine the estimated value of your case is to speak with and receive a case review from a qualified attorney.
Factors in Determining the Value of a Drug Defect Lawsuit
The Severity of the Harm
The most important factor in determining the value of a personal injury case involving dangerous and defective drugs is the level of harm suffered including the specific type of medical complication a personal is exposed to. For example certain diabetes medications such as Victoza or Pradaxa have been linked to catastrophic side effects including life threatening type of cancer, stroke, and heart attacks.
Level of Pain and Suffering
Juries are able to determine the level of compensation commensurate with the physical pain and emotional suffering a victim is exposes to resulting from the negligent or intentional conduct of drug manufacturers and distributors. The amount of compensation is determined by a PER DIEM system where in a jury places a daily money number on an victims pain multiplied by the number days that person in expected to suffer.
Lost Wages and Loss of Future Income
In certain cases plaintiffs are not able to work for days, months or even years. In those circumstances prior pay stubs and tax forms can be used to establish the amount of capital lost due to an illness or serious side effect.
Need for Future Medical and Disability Care
Sadly certain individuals must suffer from permanent injuries resulting in a need for long term disability care including residency in care and treatment facilities, nursing and home care, and transportation costs. Such expenses can cost millions of dollars during the life time of the individual.
Availability for Punitive Damage Awards
Punitive damages are intended to punish at fault parties to such an extent so as to fundamentally alter their future court of action with the intended purpose of reducing the overall risk of future harm amongst users of their products. Punitive damages are often awarded where an actor has acted either with an intent to cause harm or acted in reckless disregard for the life and health of consumers.
Legal Consultation: To receive a free legal consultation and confidential case review from our law firm contact us toll free at (855) 339-8879