What type of damages can be awarded in a defective products case?
In a defective products case, damages may be awarded to an individual who has suffered harm due to a defect in a product. In Indiana, plaintiffs may be eligible to receive damages for economic losses (such as medical bills, lost wages, and funeral expenses) as well as non-economic losses (such as pain and suffering). Compensatory damages are typically the most common type of damages available in a defective products case. These are designed to make the injured plaintiff "whole" and provide reimbursement for losses suffered due to the defective product. Plaintiffs may also be eligible to receive punitive damages, which are designed to punish the manufacturer of the defective product for its negligence. Punitive damages may be awarded in addition to compensatory damages, but only in cases where the manufacturer’s conduct is found to be particularly reckless or egregious. In some cases, plaintiffs may also be eligible to receive nominal damages, which are small amounts of money awarded to recognize a legal injury but do not compensate for the same. Additionally, where multiple individuals with the same or similar injury have brought a collective lawsuit, plaintiffs may be eligible to receive class action damages, which are damages awarded to the class as a whole. The exact damages that may be available in a defective products case will depend on the facts of the case and applicable state laws, so it is important to consult with a qualified legal professional to determine the potential damages that may be awarded.
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