Compensatory Damages in Product Liability Litigation | Practical Law
A Practice Note reviewing compensatory damages and limitations on compensatory damages in product liability litigation. This Note addresses economic damages (special damages), including damages for lost earnings, medical expenses, and the collateral source rule. It also addresses non-economic damages (general damages), including damages for pain and suffering, loss of consortium, and emotional distress, and the golden rule and per diem arguments. This Note also addresses mitigation, the eggshell plaintiff rule, the economic loss rule, future damages, and discounting future damages to present value.