What are the damages that a plaintiff can recover in a product liability case?

In North Carolina, the damages that a plaintiff can recover in a product liability case depend on the type of case and the particular facts of that case. Generally, a plaintiff can pursue three types of damages that may be recovered in a product liability case: compensatory, punitive, and nominal damages. Compensatory damages are designed to reimburse the plaintiff for costs associated with the product such as medical bills and lost wages due to injury. Compensatory damages also cover pain and suffering and other mental or physical injuries. Punitive damages are designed to punish a defendant for outrageous or reckless conduct and discourage future similar conduct. This type of damages is awarded in very few cases and usually involve a very high amount of money. Nominal damages are generally awarded when a plaintiff has suffered an injury but no actual damages can be proven. These damages are small but are designed to serve as a punishment to the defendant in order to recognize the plaintiff’s rights. In all product liability cases, the plaintiff must be able to prove that the product was defective and caused an injury before any of these types of damages can be recovered. Additionally, North Carolina has a statute of limitations for personal injury cases, meaning that a lawsuit must be filed within a certain time frame or else it may not be considered.

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What are the damages that a plaintiff can recover in a product liability case?

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