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Page 5 of 12 |
What kinds of damages are recoverable in a product defect case? |
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If you have a successful case, you are entitled to compensatory damages, which includes your medical bills incurred as a result of the product defect, reimbursement for any time lost from work, and property damaged as a result of the defective product.
You are also entitled to damages for pain and suffering you experienced as a result of your injury, and general damages over and above the damages listed above.
If you are married and the injury has affected the relationship with your spouse, you may be entitled to loss of consortium damages. Your spouse may also be able to recover these damages, even if he or she was not directly injured by the product.
Finally, if the conduct of the defendant was "egregious" (so awful that the courts want to deter the defendant and others from ever doing anything like that again), you may be entitled to punitive damages to punish the defendant(s). Punitive damages are not available in every case, and the proof requirements are usually more strict than the other damages listed above. In addition, many jurisdictions are limiting or restricting the ability to recover punitive damages.
Consult with an experienced product liability attorney if you have been harmed by a defective product. |
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