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Recovering Damages in Product Liability Claims
If you have suffered injuries or losses because of a defective product, an attorney can help estimate your damages and respond to settlement offers to determine if you should accept a settlement or go to trial.
To avoid waiving any rights, you should state your full scope of damages at the outset of your claim, which include:
- Compensatory damages, which calculate each type of harm or loss related to your injury and quantify each item to reach a total to put you in the position in which you would have been if you hadn’t been injured in the first place.
- Punitive damages, which aren’t directly related to the harm suffered, although there are constitutional limits on how much they can exceed compensatory damages—they are typically meant to punish defendants for egregious or intentional wrongdoing.
Economic Damages
Compensatory damages are divided into two types:
- Economic damages
- Non-economic damages
Economic damages (also known as special damages) are the easier of the two types to calculate, since they are meant to compensate for financial losses or property damage resulting from a defective product.
Medical bills and lost income are common examples of economic damages. Medical bills may include not only previously incurred and ongoing expenses but also the costs of future treatment. You can place hospital bills, doctors’ bills, and the costs of prescriptions and physical therapy in this category.
Lost wages are meant to account for missed time at work. People who run a business may be able to recover similar damages for lost profits. As with medical bills, you can recover future damages related to lost wages or profits.
Types of Economic Damages
- Past and future medical expenses
- Past and future lost income
- Property damage
- Household adjustments or services
Property damage is relatively uncommon in products liability cases. If you do suffer property loss because of your injury, though, you can recover compensation for replacing or repairing it. You also can recover compensation for household adjustments if your injury results in a long-term disability. A victim might receive compensation for renovations to their house or assistants hired to help with activities of daily living.
Non-Economic Damages
Non-economic damages (also known as general damages) can be harder to define in monetary terms. Pain and suffering is the most obvious type of non-economic damages, and not only involves the pain and anguish resulting from the injury but also any long-term reduction in your quality of life.
Settlements and jury awards in this area can be challenging to predict, but insurers and their attorneys often use previous settlements and awards for similar injuries as benchmarks. If an injury resulted in a substantial impairment or is a type known to involve pain or arduous treatment, such as burns or complex fractures, the pain and suffering award is more likely to be substantial.
Types of Non-Economic Damages
- Pain and suffering
- Loss of consortium
Another type of non-economic damages is known as loss of consortium or loss of society. Traditionally, loss of consortium damages involved harm to the sexual relationship between spouses, but they also can cover diminished affection, companionship, and other non-physical elements of the relationship. Both the victim and their spouse may be able to seek this type of damages.
A Personal Injury Attorney Specializing in Defective Product Claims Can Help
After any situation involving a dangerous or defective product, you should speak with an experienced attorney who will evaluate your case and fully assess your legal rights.
They can take action on your behalf by interviewing witnesses, collecting records, conferring with expert consultants, planning legal strategy, and negotiating with insurers and opposing counsel — all with an eye toward strengthening your position and ensuring your fair recovery.
Choosing the Best Defective Product Liability Lawyer For Your Personal Injury Case
Some victims of dangerous or defective products assume they don’t have a case or are simply intimidated to file a claim. But, you aren’t alone — by talking to our personal injury lawyers who specialize in defective product liability cases, you can feel confident about having a strong case to take on the company responsible for your suffering.
If you are looking for skilled legal help for your potential dangerous or defective product case, our Los Angeles personal injury attorneys can help you determine what the next best step is for your personal situation.
Top Personal Injury & Product Liability Lawyers in Los Angeles
Our dedicated attorneys at Grey Law have 25+ years of experience in handling product liability cases in Los Angeles courts and will protect your legal rights and help you recover the compensation you deserve.
For a free initial consultation and dedicated representation, please don’t hesitate to call us at 323-673-3943 today.
With a firm grasp of the local and state laws regarding company product responsibilities, our experienced attorneys know how to argue on your behalf effectively and successfully. While California’s state’s strict liability laws make it easier for injured consumers to obtain settlements, the victim still bears a significant burden of proof.
Large corporations have the finances to make a strong defense against your case and will try hard to discredit you to save their reputation. Product liability cases deserve the attention of aggressive and dedicated lawyers. When you contact the Los Angeles personal injury lawyers at Grey Law with your product liability claim, we’ll guide you every step of the way-representing you in and out of the courtroom, to ensure you receive the maximum recovery and best outcome possible.
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