What type of recovery is available to a claimant in a defective products case?

In Indiana, a claimant in a defective products case may be eligible for various types of recovery. These depend on the individual circumstances and can include compensatory damages, punitive damages, and sometimes even attorney’s fees. Compensatory damages are those awarded to make the claimant whole. This means that they would be reimbursed for any financial losses incurred as a result of using the defective product. This can include medical expenses, lost wages, or repair costs. Punitive damages are available in some cases to punish and deter the manufacturer or a third party from engaging in similar behavior. These can be awarded in addition to compensatory damages. Finally, depending on the case, the court may award attorney’s fees and costs to the claimant. This often occurs when a case is considered to be of public importance. When considering which forms of recovery are available, claimants should remember that the state of Indiana has a strict statute of limitations for defective products cases. These cases must be filed within two years of the date the injury occurred or the date the claimant should reasonably have discovered the injury. After that, a claimant will likely no longer be eligible for damages.

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