What types of damages can be recovered in a product liability claim?
In West Virginia, people who have sustained damages due to a defective product can recover various types of compensation in a product liability claim. This type of lawsuit seeks to hold the manufacturer, distributor, or other party liable for any injuries or losses that result from product defects. The types of damages that can be recovered include economic damages such as medical expenses, lost wages, and property damage, as well as non-economic damages, such as pain and suffering, emotional distress, and loss of consortium. In addition, West Virginia allows product liability victims to seek punitive damages. These are designed to punish the negligent party for their careless or reckless behavior and are usually only awarded in cases where the misconduct was particularly egregious. Finally, families of victims who died as a result of a defective product can bring a wrongful death claim against the responsible party. This seeks compensation for the survivors’ loss of financial, emotional, and physical support as a result of the death. All of these types of damages are available for those who have suffered losses due to a defective product in West Virginia. It is important to seek legal advice from an experienced attorney to determine the types of compensation that may be recovered in a product liability claim.
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