Patients who were prescribed Truvada have experienced health issues linked to the use of the popular drug. The complications that resulted primarily include kidney and liver damage. These injuries are not only costly to treat and manage, but they create a significant amount of physical and emotional stress on the person’s body.
If you sustained injuries after taking Truvada, you can not only file a claim for compensation related to your medical expenses but also for the emotional and mental stress you experienced, known as pain and suffering.
Two Types of Pain and Suffering Damages Available
Damages is a legal term that refers to the financial compensation amounts that civil courts award to prevailing parties. Injury victims experiencing the health consequences associated with Truvada may have two types of pain and suffering damages available to them when filing a claim:
Physical Pain and Suffering
Civil courts may award you compensation in relation to the trauma associated with being in physical pain. This form of damages not only accounts for the discomfort associated with kidney or liver damage already experienced, but it also considers the possibility of future suffering.
Mental Pain and Suffering
Mental pain and suffering is what people often associate with these types of damages. It is a broader category of mental and emotional trauma and can include things like:
- Mental and emotional anguish
- Loss of life enjoyment
- Anxiety and shock
- Other negatively impactful emotions
Like physical pain and suffering damages, mental pain and suffering not only considers the past and current effects of the psychological toll on your life, but it also compensates you for its potential future impact.
Calculating What You Can Get for Pain and Suffering in a Truvada Lawsuit
It is a challenge to calculate pain and suffering damages in a Truvada lawsuit without consulting a lawyer first. The biggest reason for this assertion is that pain and suffering is not easy to measure.
For example, calculating damages related to medical expenses is quantifiable by the amount of money that was billed to you or your insurer. While there are physical and mental pain and suffering damages available to Truvada injury victims, it is an amount that is generally determined through negotiations between parties or during a final trial in court.
Civil courts may approve the multiplier method to calculate your pain and suffering damages. It is a straight-line calculation that takes a number based on the severity of your injuries and multiplies it by your measurable economic costs.
As an example, the multiplier may be a “one” for less severe injuries or a “five” for the most severe. If the court determines your pain and suffering losses are a moderate “three” based on evidence and testimony, then you may be awarded an amount that is three times your actual monetary losses. This example is only one of many ways your pain and suffering damages may be calculated.
Maximum Amount of Damages You Can Get for Pain and Suffering in a Truvada Lawsuit
Several jurisdictions across the country place limits on the amount of money you can receive for pain and suffering damages. In Florida, there are currently no damages caps on what you can get for pain and suffering in a product liability claim, like the Truvada lawsuits.
Chalik & Chalik Injury Lawyers Can Pursue Pain and Suffering Damages
Chalik & Chalik Injury Lawyers can help you better understand what you can get for pain and suffering damages in a Truvada lawsuit, and then file a claim or lawsuit to begin pursuing them. Contact our legal team 24 hours a day, seven days a week for your free, no-obligation consultation by calling (855) 529-0269 today.