Money Damages in Defective Medical Device Cases
Awards You Can Receive as an Injured Patient
Once a liability verdict is given in favor of an injured plaintiff, damages have to be assessed. In wrongful death cases, damages will be paid to a surviving spouse, children, or other closely related family members. After going through the various types of damages that can be allotted, the next vital component to granting a damages award is the numeric value every category is worth.
Steps Juries Follow to Assign Damages
First, the jury will receive written instructions from the judge about how to obtain a specific numeric value and the calculations that go into it. The jury instructions should be highly specific concerning how they should deliberate, how they should analyze the evidence presented at trial, and how to go over the specific laws that govern the case in great detail. After receiving instruction, it is simple for the jury to calculate compensatory damages, such as medical bills and lost earnings.
However, pain and suffering and punitive damages are harder for the jury to decide. The jury instructions typically do not contain any information on how to specifically calculate these types of damages. Rather, juries are told to use their best judgement to come up with a fair and reasonable numeric value. Since, there is no calculation for a “fair and reasonable numeric value” the jury must put themselves in the victim’s shoes and assess what they would deem fair if they suffered the same injury as the victim.
We Carefully Calculate Damages for Each & Every Client
Our trial lawyers at Rheingold Giuffra Ruffo & Plotkin LLP in New York submit comprehensive and detailed evidence to the jury in order to help them calculate fair damages. We work closely with our clients to make sure everything is documented as their case or injuries progress. At the end of the day, you are the most important person in your case, so we do all we can to assure you get every penny of damages you deserve.
We accept a variety of defective medical device cases, such as:
- Bair Hugger
- Defective breast implants
- Hernia mesh
- Hip implants
- IVC filters
- Proton pump inhibitors
Connect with our law firm now to learn more about damages that might be available to you. Call (888) 260-0473 or contact us online.