What Compensation Can You Claim in a Defective Product Lawsuit?

What Are Economic and Non-Economic Damages?

If you have suffered injuries due to a defective product, you may be able to recover economic and non-economic damages. Economic damages can include the out-of-pocket costs that you have paid or may have to pay in the future for medical bills and other related expenses. In addition, you may also be able to receive compensation for lost wages and loss of earning capacity. Non-economic damage can include money for pain and suffering, loss of enjoyment of life, mental anguish, and permanent disfigurement and scarring.

If you have been injured by a defective product, you need to speak with an experienced products liability attorney immediately. There are strict time limits on how long you have to file a claim to receive compensation for your injuries. Contact Khan Injury Law today by calling 206-430-6096 for more information about our services and how we can help you.

What Are the Three Categories of Product Liability Claims?

Defective product claims are classed into one of 3 categories, which are as follows:

Manufacturing defects. Manufacturers are obligated to manufacture a product safely and accurately. A manufacturer may be liable for damages if a product is manufactured incorrectly.
Design defects. Products designed in such a way that is unsafe are not suitable for customers. Designers can be held liable if their products require further safety testing.
Warning errors or failures. All products must contain adequate or clear warnings or instructions when necessary.

The most common products that typically have defective product claims filed against them include:

Construction equipment
Pharmaceuticals
Seat belts
Surgical implants

How Can You Win a Defective Products Lawsuit?

To win compensation in a defective product lawsuit, your attorney must be able to establish there are serious issues regarding the design, manufacturing, or safety warning associated with the product in question. Your attorney must also be able to demonstrate that the product’s manufacturer failed to provide a safe product or adequately warn of the potential risks that could accompany using the product.

Can I Recover Punitive Damages in a Defective Products Lawsuit?

Unlike economic and non-economic damages, which are designed to reimburse or compensate an injury victim, punitive damages are meant to punish the liable party for their actions or inactions. Punitive damages levied against a manufacturing company are rare and are only awarded if the court feels they acted with extreme carelessness or negligence. They are also awarded in an effort to warn the manufacturer or others not to repeat the same type of behavior.

A defective products lawyer can thoroughly evaluate your case and determine if punitive damages are applicable to your situation. With the proper skills and training, your attorney can also decide upon an amount that they feel would be appropriate.

To award punitive damages, the court will consider the following:

Whether the manufacturer or supplier was aware of the potential for harm
Whether the manufacturer or supplier profited from the misconduct
The probability of harm to customers
The length of time of the misconduc
How the manufacturer or supplier acted when the misconduct was revealed
Whether the manufacturer or supplier ceased the misconduct

What if My Loved One Died Due to a Defective Product?

Fatal liability compensation is something you can seek if your loved one was killed due to a defective product. These are called wrongful death claims and can typically be pursued by the deceased’s family members.

In a wrongful death case, you may be able to seek damages like:

Loss of your loved one’s services
Funeral or cremation expenses
Loss of your loved one’s earning capacity
Loss of your loved one’s companionship
Loss of prospective inheritance
Mental anguish

While money cannot make up for the loss of your loved one, many families face financial hardships when dealing with the death of a family member. If your loved one was killed in a tragic accident, reach out to our firm today. We will evaluate your case for free to determine if you can pursue a wrongful death lawsuit.

Is There a Statute of Limitations for Defective Product Lawsuits?

Most states have a statute of limitations on product liability lawsuits. In most states, the statute of limitations is three years from the date of the accident. This means that if it has been more than three years since you were injured, you will likely not be able to seek compensation. Because of this, it is essential to seek legal representation immediately.

However, there are some exceptions to the statute of limitations that may be relevant to you. For instance, if your injuries were not realized for some time afterward, you may be able to convince a judge to grant an extension. Similarly, if you were injured but did not realize that the faulty product was to blame until years later, you could have a case for an exception. Even if it has been more than three years since the date of your accident, reach out to our firm today for assistance.

How Can Your Law Firm Help Me Recover Compensation in a Defective Product Lawsuit?

When we agree to take your case, we will immediately begin an investigation to determine how the product failed. We can also gather witness statements, medical reports, and any other prior evidence that the product is unsafe and has caused other individuals to be injured. From there, we will begin negotiations with insurance companies and at-fault parties to attempt to reach a resolution outside of court. If those avenues are not an option, we will begin building a case to file a lawsuit against the at-fault parties responsible for your injuries.

Our law firm is committed to recovering maximum compensation for your injuries, medical expenses, and pain and suffering. You deserve to focus on resting and recovering your mental and physical health. Contact Khan Injury Law by calling 206-430-6096 and ask to schedule a free no-obligation consultation.