What types of damages are available in a tire failure lawsuit?
In Indiana, damages available in a tire failure lawsuit depend on the severity of the tire failure and any resulting damages to the person or property. Generally, a plaintiff may claim compensatory damages for any direct injuries suffered as a result of the tire failure, such as medical expenses, pain and suffering, or lost wages. In some cases, punitive damages may be available. Punitive damages are intended to punish the defendant and deter similar conduct. Punitive damages are rare, but might be awarded if the defendant acted with extreme negligence or recklessness. Property damages may also be available in a tire failure lawsuit. Property damage includes the cost of repairs or replacements of damaged property and replacement of lost or destroyed property. In a tire failure lawsuit, the plaintiff can also pursue economic damages, such as lost wages or income due to the tire failure. Non-economic damages, such as pain and suffering or emotional distress, can also be sought. In Indiana, a plaintiff may seek to recover all of these damages as long as they can prove the defendant was negligent. Negligence includes failing to maintain the tire properly, failing to provide the necessary warnings, or manufacturing a defective tire. If the plaintiff is successful in proving negligence, they may be awarded damages for any resulting losses.
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