Types of Compensation Awarded in a Prescription Drug Case
Prescription drugs are nearly as common as the fruits and vegetables we eat. In many ways, this is a good thing as medication can help cure disease or at least make the condition more manageable. Prescription medication is very successful in treating pain and other bothersome symptoms to make life tolerable.
Unfortunately, prescription medication also falls under the category of dangerous drugs.
There are many reasons why various types of prescription medication are considered dangerous, even though we only have a tendency to lump illicit substances in this category. All prescription meds have side effects (many of them serious or life-threatening) and, as recent history suggests, can also become extremely addictive.
Therefore, more efforts are being raised to address the dark side of prescription medication as more evidence separates dangerous drugs from worthwhile and efficient substances. Those that have suffered injuries, pain and suffering, or other emotional damages should consult a prescription drug lawyer.
Prescription Medication Can Be Dangerous
The influx of prescription drugs in the United States is one of the largest and fastest-growing industries in the world. According to the Centers for Disease Control (CDC), almost half of all individuals in the United States take at least one prescription medication. It coincides with an increased rate of drug dependence and addiction among prescription meds and other dangerous drugs.
The widespread use of prescription drugs among citizens of the United States is both a good and bad thing. In one regard, it’s combating serious diseases and helping patients with pain management. On the other hand, it’s contributing to increased rates of drug abuse, primarily because many of these drugs are incredibly effective and powerful, aiding in more of a dependence.
A prescription drug lawyer can assist you in recovering damages (a legal term for receiving compensation) from a civil action lawsuit. There are many types of compensation awarded in dangerous drugs/prescription drug cases (and the payout is sometimes substantial), which is why contacting an attorney that specializes in the practice is the first step.
Stewart & Stewart has years of experience assisting clients in medical malpractice lawsuits along with dangerous drug cases. Litigation that involves prescription medication has become more frequent and complex as big pharmaceuticals introduce more and more medications each year across the country. Contact Stewart & Stewart today for a free consultation to discuss the types of compensation available to victims of dangerous drugs in more detail.
Damages/Compensation Awarded in Dangerous Drug Lawsuits
Prescription medication and its association with being a “dangerous drug” is a controversial, current hot-button issue in the United States. The issue is complex as it’s unfair to lump every single prescription drug in the same category. Some are good and have very little potential of becoming addictive or producing damaging side effects.
Notwithstanding, it falls on the shoulders of drug companies to produce prescription drugs that do not cause a larger problem than the one it is intended to treat. Therefore, prescription drug manufacturers have a legal obligation to produce safe and effective medications. Moreover, the U.S. Food and Drug Administration (FDA) must hold these organizations accountable regardless of the financial incentives to keep certain medications on the market.
If that is not happening in your personal circumstances, then it’s time to enlist the legal guidance of a prescription drug lawyer. These individuals specialize in medical malpractice, personal injury, and manufacturer defect lawsuits. They have the expertise, influence, and resources to go after massive corporations set on driving up profits at the cost of human lives.
A skilled prescription drug lawyer can assist in recovering the following damages:
- Financial Damages
Financial, or economic damages, are what they imply. It provides financial relief to victims of dangerous drugs.
These damages can quickly add up when you consider hospital and doctor visits as well as the cost for surgery or treatment. Furthermore, many that suffer from the effects of prescription drugs may require physical therapy, counseling, or rehabilitation for physical or mental ailments.
Secondly, many that suffer from dangerous drugs are out of work because of the issue. Therefore, they may also pursue damages in a dangerous drug lawsuit for lost wages/missed time from work.
- Pain and Suffering
Pain and suffering is another type of compensation that is awarded in several types of civil litigation, including dangerous drugs cases.
Non-economic damages from a lawsuit generally include issues related to pain and suffering. In prescription drug cases, this is often physical yet can also include mental anguish. For example, if you lost friends or acquaintances through the ordeal, this would fall under pain and suffering.
While it’s more difficult to quantify non-economic damages, the courts can place a monetary value on your pain and suffering.
- Punitive Damages
The last type of damages available in a dangerous drug lawsuit is known as exemplary or punitive damages. Unlike the previous two types of damages, punitive damages do not compensate victims.
Instead, punitive damages punish a defendant that had a role in your pain or suffering. Consequently, exemplary damages can set a precedent as well as an example for future drug manufacturers.
While it’s more difficult to attain punitive damages in a court of law, when it does occur, these damages can serve as both a warning and deterrent to future manufacturers looking to skip corners or deliberately introduce a prescription medication to the market with dangerous consequences.
Contact Stewart & Stewart for a free consultation at (866) 926-2414.