Are there any type of special damages that can be recovered in a defective products case?

Yes, there are certain types of special damages that can be recovered in a defective products case in New York. These special damages can include, but are not limited to, reasonable attorneys’ fees, court costs, and medical costs associated with treating the injury caused by the defective product. Additionally, the court may award punitive damages, which are damages determined by the court to punish the wrongdoer for their behavior. Other special damages that may be awarded depending on the situation include compensation for lost wages, emotional distress, pain and suffering, distress, travel expenses, and inconvenience for having to replace the defective product. Additionally, if the defect is of such a severe nature that the item cannot even be used, the court may award compensatory damages for the cost of the item itself. The court takes into consideration numerous factors when determining the amount of special damages, such as the injured party’s age and medical history, the injury suffered, and the defendant’s degree of fault. It should also be noted that it is important to file a claim as soon as possible in order to maximize the potential for recovery of special damages.

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Are there any type of special damages that can be recovered in a defective products case?

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