What type of compensatory damages are available for defective products cases?
Compensatory damages are available to those who suffer losses due to a defective product in Washington. Such damages are intended to put the injured party back in the position they were in before the injury occurred. Common types of compensatory damages include reimbursement for medical expenses, lost wages, repair or replacement of damaged property, and costs associated with pain and suffering. In Washington, the product must have been defective and unreasonably dangerous at the time it was sold to the consumer in order for the consumer to be eligible for compensatory damages. The purchaser must also have been injured in some way as a result of the defect. For some defective products cases, the injured party may be entitled to punitive damages in addition to compensatory damages. Punitive damages are a type of financial award which is intended to punish the defendant for particularly egregious conduct. These damages are available in cases where the defendant exhibited a greater degree of recklessness or negligence than expected. In Washington, defective products cases have a statute of limitations which limits the amount of time a consumer has to pursue punitive damages. This statute is two years from the date of the injury, so it is important to file a claim as soon as possible.
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