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Determining Damages
The are several types of damages which may be recoverable, if you are filing a defective product lawsuit. If your case is successful, you are entitled to:
Compensatory damages: These cover medical bills, reimbursement for any time lost from work, and property damaged as a result of the defective product.
Pain and suffering: These go above and beyond the compensatory damages or general damages, and provide compensation for the pain and suffering you experienced as a result of your injury.
Loss of consortium damages: This applies to persons who are married, in the event that the defective product injured or killed a spouse. A spouse may be able to recover these damages, even if he or she was not directly injured by the defective product.
Punitive damages: If the conduct of the defendant was "egregious," that is, particularly terrible, to the extent that the court wishes to "make an example" of them, you may be entitled to punitive damages, which are assessed in order to punish the defendant(s). Punitive damages are not always available. The proof requirements for punitive damages are more strict than the other types of recoverable damage. Many states and jurisdictions limit or restrict the ability to recover punitive damages.
Defective Products - Defective Products Information
- Determining Damages
- Product Negligence
- Understanding Defective Product Accidents
- Product Warranties
- Common Defenses
- Determining Liability
Defective Products Resource Center
- Defective Products Information · A guide for Defective Product Accidents, including explanations of common product liability terms dealing with warranties, negligence, and liability, an overview of determining fault, and the statute of limitations
- Types of Defective Products · Information about the various types of defective and dangerous products, including design defects, manufacturing defects, failure to warn, and an explanation of unavoidably unsafe products.
