You can be compensated for accident-related losses in a product liability lawsuit. These losses can be economic or noneconomic.
Understanding the Recoverable Damages in a Product Liability Lawsuit
If you suffered serious injury or a loved one died because of a defective product, you may be able to recover compensation for the damages you suffered. This may include:
Economic damages are the financial losses you suffered because of your accident and the resulting injuries. They include past, current, and future expenses. While they differ somewhat from case to case, some of the most common economic damages the victims of defective product injuries may recover include:
- Medical expenses
- Future and ongoing care costs
- Past and current lost wages
- Future lost income
- Repairs to your car, or replacement of other damaged property
- Other out-of-pocket costs
If your immediate family member died in the accident, you may be able to pursue compensation through a wrongful death suit. If you win, this will allow you to recover the damages you suffered because of your loved one’s death. The damages available vary from jurisdiction to jurisdiction, and case to case. They could include:
- Compensation to make up for your loved one’s lost income
- Compensation for benefits from your family member’s job
- Funeral costs
- Losses associated with having to hire services previously handled by your loved one, such as childcare, lawn maintenance, or other household chores
Noneconomic damages are primarily the emotional losses you suffered because of the accident and your injuries. This may include pain and suffering, mental anguish, loss of consortium, and other similar damages.
If a defective product caused your loved one’s death, you may be entitled to emotional losses related to your own grief and suffering.
In many cases, noneconomic damages can make up the majority of your payout in a defective product case. They are difficult to quantify, but it is important that you support these losses with documentation and evidence when possible. This is especially important in cases where there are few economic losses.
The Process of Recovering Compensation for Product Liability Injuries
In some cases, it is possible to settle a product liability case without filing a lawsuit. We can identify the liable party and file an insurance claim against it. The liable party agrees to a fair settlement, and you get the compensation you need.
However, these cases often require us to file a lawsuit against the manufacturer of the defective product and take the case to court. Litigation is more complicated than an insurance claim. Instead of proving our case to the insurance company, we need to convince the jurors of the following:
- The product had a defect
- This defect caused your injuries
- You suffered economic and noneconomic losses
Because it is up to the jurors to decide if you receive compensation (as well as how much you receive), we need to present a strong case on your behalf.
Identifying Evidence to Prove Your Damages
If you enlist our help on your case, we will work to build the strongest case possible to present to the jury. We conduct a full investigation into every product liability case we handle. We will not only document the defect and how it caused your injuries, but we will also collect all available evidence to support recovery of your full economic expenses and noneconomic losses.
It is relatively straightforward to establish your economic damages. We collect things like your medical bills, estimates to repair your car if the product defect caused a crash, and proof of your missed work and lost wages. We can also call in experts to testify to your future medical needs, the cost of ongoing care, and even industry experts to help us understand the value of your future lost income if you cannot return to work.
Proving your noneconomic losses is more difficult. There are not receipts to back up our request for pain and suffering damages. However, we can use supporting documents to show the severe nature of your injuries and how it affects your everyday life. Proving any permanent impairments can also play an important role. The evidence we collect depends on the nature of your injuries.
Getting Help with Your Product Liability Case
Newsome Melton can help you understand the strength of your product liability case and explain your options for compensation. If you decide to attempt to recover damages based on your product liability incident and injuries, we can litigate this case for you. No manufacturer is too large or too small. We will take your case to court and fight for the money you deserve. Call us at 888-808-5977 for your free case evaluation.