Are there any type of special damages that can be recovered in a defective products case?
Yes, in a defective products case, there are certain special damages that may be recovered. Special damages are monetary losses that arise directly from the injury or harm caused by a defective product. These damages are intended to compensate the victim for losses that are harder to quantify, such as pain and suffering. In Washington, special damages may include reimbursement for medical bills, lost wages associated with the injury, and related costs such as repair or replacement of the defective product. In addition, victims may be eligible to receive compensation for any mental or emotional stress they have suffered as a result of the injury. Additionally, depending on the circumstances, victims may be eligible for punitive damages. Washington punitive damages are intended to punish reckless behavior, or intentional misconduct, by the responsible party. Punitive damages are typically awarded in cases where the manufacturer or seller was aware of the product’s danger but failed to provide adequate warnings. Finally, the courts may award damages for the costs associated with any litigation that had been necessary to resolve the dispute. This may include attorney fees, court costs, and other expenses associated with bringing the case to court. Overall, while there are many types of special damages that can be recovered in a defective products case, the exact damages will depend on the specific circumstances of the case.
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