There are two types of cases that can arise as a result of using Zoloft – either a personal injury case brought by someone who was injured by the drug through a suicide attempt or an increase in suicidal thoughts or gestures, or a wrongful death suit brought by the family of someone who committed suicide that is linked to the use of Zoloft. The damages available in these types of cases are essentially the same as the types of damages available in any personal injury or wrongful death case.

Damages in a lawsuit, whether decided by a jury or by settlement, are designed to put the victim in the same position he or she would have been without the injury or death. Therefore, damages to reimburse the victim or his or her family for medical expenses, burial expenses, loss of work, or any other out-of-pocket type expenses are compensated. As a practical matter, this means collecting and documenting lost income, any medical expenses (i.e., ER care, hospital, doctor, laboratory, diagnostic tests, therapy, etc.), travel expenses, and burial expenses.

Suffered harm from Zoloft? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights. [Sponsored link]

A second type of recovery is a little more difficult to pin down. Damages for things such as pain and suffering, loss of economic opportunity, loss of benefits, loss of enjoyment of life, and loss of companionship (in a suit brought by a spouse) are some of the damages that your attorney will include in any settlement discussions or argument to the jury. While it is difficult to put an objective measurement like a dollar figure on a subjective complaint like pain and suffering or loss of enjoyment of life, the courts, attorneys, and insurance adjusters all have a great deal of experience in working with these concepts. (See also our section on pain and suffering.) Depending on where your case is brought, there will probably be other similar cases that your attorney and the other side will rely on as a starting point for these damages.

A third type of damages that may be available are punitive damages. These damages would be awarded to punish Pfizer for not sufficiently warning about the increased suicidal tendencies caused by Zoloft. The question here will be whether Pfizer acted so negligently that it should be punished for insufficient warnings. However, punitive damages are not allowed in every state and it can be very difficult to prove that your case deserves punitive damages. Talk with your attorney to see if requesting punitive damages might be appropriate in your case.

One final word about anticipating your damages: You may read about settlements and jury verdicts in other cases involving Zoloft. While you can learn a lot from these, remember that different people receive different settlement offers and jury verdicts based on many things: where the case is brought, what the particular facts of a case are, who the insurance adjusters are, your character and credibility; extent of the injury, objective evidence, and, to some extent, who the attorneys are. Therefore, depending on your case, your settlement offer may be higher or lower. You will have to work with your attorney to decide whether a particular offer is suitable or not.

Suffered harm from Zoloft? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights. [Sponsored link]