What type of damages can be recovered from a product liability lawsuit?

In Louisiana, a person who has been injured because of a defective product or improper warnings may be able to bring a products liability lawsuit. These lawsuits are designed to make the injured person “whole” again by requiring the responsible parties to pay damages. Damages that are typically recovered from a product liability lawsuit in Louisiana include both economic and non-economic damages. Economic damages, such as medical bills and lost wages from time away from work, are designed to reimburse the injured person for costs associated with the injury. These losses must be documented and verified in order to be claimed in a lawsuit. Non-economic damages, on the other hand, include intangible losses, such as pain and suffering. These are harder to calculate, so courts use a variety of factors to determine a fair amount. These factors can include the severity of the injury, the length of recovery, or the emotional harm the person has experienced. In some cases, punitive damages may also be available. Punitive damages are designed to punish a company for especially reckless behavior or to deter similar behavior in the future. In Louisiana, punitive damages may only be awarded if the defendant’s actions were malicious, willful, or fraudulent.

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