What Type of Damages Can Be Recovered in a Talcum Powder Exposure Lawsuit?June 6, 2017
Successful talcum powder lawsuits can result in financial recoveries for plaintiffs that include various types of damages. The precise nature and amount of these damages will depend on the specifics of a given case. In general, however, these recoveries can include compensatory damages and possibly punitive damages.
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Compensatory Damages for Talcum Powder Lawsuits
Compensatory damages for personal injury claims – like talc powder lawsuits – are intended to repay injured people for the losses and harm they have suffered as a result of some negligence.
In talc powder and ovarian cancer claims, compensatory damages can include (but may not be limited to):
- Medical expenses – This can include both past and future treatment costs. Specifically, medical expenses can include the costs of ambulance rides, emergency room visits, hospital stays, diagnostic tests, surgeries, medications, palliative care, etc.
- Rehabilitation costs – This can include the costs of occupational therapy, physical therapy, chiropractic care, etc.
- Lost wages – This can cover both past lost wages (due to missing work for medical care) and future lost wages (due to lost earning capacity resulting from the ovarian cancer).
- Pain and suffering – This aspect of compensatory damages for talc powder lawsuits can be difficult to put a price on, as there is no objective measure of the value or costs associated with pain and mental suffering. An experienced attorney can help quantify pain and suffering in financial terms so plaintiffs are compensated for this aspect of damages.
- Loss of consortium – This is intended to compensate injured people for the damage their personal relationships have suffered due to their injuries. For instance, these damages can pertain to the loss intimacy between spouses due to the plaintiff’s injuries.
Punitive Damages for Talcum Powder Exposure Lawsuits
Punitive damages for talc powder lawsuits are not meant to compensate plaintiffs for the losses and harm they have suffered. Instead, these damages are intended to specifically punish a defendant (i.e., the maker or distributor of talcum powder that contributed to a plaintiff’s injuries).
Not available in every case, punitive damages tend to come into play when the court finds that:
- A defendant has a history of acting negligently and harming the public.
- A particular act of negligence is especially egregious and harmful.
Punitive damages can greatly increase financial recoveries in talc powder lawsuits (and other personal injury claims). Consequently, these damages can be effective leverage in pretrial negotiations.
For instance, if the defendant in a talc powder exposure lawsuit knows that punitive damages are a possibility, the defendant will usually be more willing to try to work out a favorable settlement before trial (rather than risk being ordered by a jury to pay punitive damages if the trial ends in favor of the plaintiff).
Get Answers about Recovery Options: Contact a Talc & Personal Injury Lawyer at the Amaro Law Firm
A talc & personal injury lawyer at the Amaro Law Firm is ready to discuss your potential claim and explain your options for proceeding. To set up a free consultation with us today, call (713) 352-7975 or email our firm. Attending this one meeting can make all of the difference in the strength of your claim, your financial recovery and your future.
With extensive experience representing clients in talc powder lawsuits, our attorneys have the skills, knowledge and resources you can count on for exceptional advocacy and the best possible outcome to your claim. Our record of success has earned us 5-star ratings on Google and Facebook.
In talcum powder and ovarian cancer cases, we represent clients from across the U.S.