Friday, December 31, 2010

What Types of damages are recovered in product liability suits

posted by the Rottenstein Law Group.

In a product liability case (such as when a defective drug or medical device has injured you), there are four types of damages (money award) you can potentially recover:
  1. Compensatory damages: This is money to cover your actual medical bills, lost wages (if you had to take time off from your job), and any property damage (not usual with medical products) that occurred because of the defective product.
  2. Pain and suffering: You might receive additional money for the pain caused to you by your injury that was a result of the defective product.
  3. Loss of consortium: If your relationship with your spouse suffers, “loss of consortium” damages might compensate you for this circumstance.
  4. Punitive damages: These damages are meant specifically to punish a wrongdoer (such as a company that is not merely negligent but intentionally causes harm). Note that if a court does order a blameworthy party to pay punitive damages, some or all of the money might go to charities, legal aid funds, or other public organizations. Punitive damages are not intended to reward the victim.

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