These are more difficult to calculate because they are non-monetary and cannot be easily estimated.
They are usually emotional or psychological, so many jurisdictions place limits or caps on the amount of non-economic losses that can be awarded for defective products claims.
Non-economic losses usually include:
- LOSS OF CONSORTIUM (also called loss of society): These damages are loss of affection, loss of companionship, and loss of support because the injuries sustained when using a defective product have had a negative effect on the relationship with a spouse or partner.
- PAIN AND SUFFERING: This is any pain, suffering, anguish, or loss of enjoyment resulting from the injuries. It is understandable why calculating the value of such losses proves to be difficult. Often, the damages can be quantified and eventually paid over long periods of time.
In our professional experience, there could be a number of different types of damages in a single defective products lawsuit, both economic and non-economic.
There are also punitive damages, though these aren’t usually available in a products liability claim because it requires proof that the company acted purposefully or with malicious intent in harming the consumer. Defective products cases are rarely personal.