Damages You Can Receive in a Products Liability Claim
Faulty products and defective designs are responsible for a significant number of injuries each year. No one ever expects to be injured when using a product, but when it happens, it can be extremely inconvenient. Find out what damages you may be able to pursue when filing a product liability lawsuit.
What is a Product Liability Lawsuit?
A product liability lawsuit is a legal case that seeks compensation from the manufacturer or designer following an injury. When a consumer is injured due to a defective product, they may be eligible for compensation. A product liability lawsuit requires certain evidence, and your lawyer must prove certain elements of negligence. If proven successfully that a manufacturer’s negligence led to you or your child’s injury, they may owe you compensation.
Recoverable Damages in a Product Liability Lawsuit
Recoverable damages refer to the costs you can recoup by filing a personal injury lawsuit in New Jersey courts. Some costs that you may be able to recover include:
Medical Bills
It’s not uncommon to have medical bills following a product injury. This may include the cost of emergency medical treatment, prescriptions, or even rehabilitative care. It may also include transportation to and from the medical facility to receive necessary treatment. This also includes the anticipation of future medical bills.
Lost Wages
Depending on the extent of your injury, you may not be able to work. This is especially true during the recovery period. If a product manufacturer or designer was negligent, they may also be responsible for your lost wages. This may include immediate, short-term, or long-term lost wages.
Diminished Earning Capacity
Long-term or permanent injuries may affect your earning capability. You may not be able to return to the same job or career, which can affect how much money you make. This cost is just as important as the immediate lost wages. This cost can be harder to calculate, so it’s important to work with a lawyer to ensure the amount you receive appropriately covers your damages.
Household Needs
Some injuries can also affect your ability to complete household tasks. This includes things like childcare, cleaning, or cooking. In some cases, you may also require the services of an in-home assistant to help with getting around the house. If you’re limited to a walker or wheelchair, you may also need household renovations to accommodate your device.
Pain and Suffering
If the injury is significant enough, it could lead to pain and suffering. Pain and suffering differ from other costs because it’s considered non-economic. This essentially means that it’s harder to calculate, but it’s just as important as any of the other economic costs. Pain and suffering may also cover emotional distress.
Punitive Damages in a Product Liability Case
Punitive damages are designed to punish the negligent manufacturer or designer. Punitive damages may or may not be available in your product liability case. This varies depending on certain criteria. If you have a question on whether or not you’ll qualify for punitive damages, it may be worth it to reach out to a personal injury lawyer.
Contact a Personal Injury Lawyer Near You to Discuss Your Defective Product Case in New Jersey
Were you or a loved one injured due to a defective product in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Drazin and Warshaw, P.C. represent clients injured because of faulty products in Westfield, Red Bank, Lakewood, Ocean Township, and throughout Ocean County, Monmouth County, Union County, and Middlesex County, New Jersey. Call (732) 576-8860 or fill out our online contact form to schedule a consultation about your case. We have an office conveniently located at 3315 Route 35, Hazlet, NJ 07730 as well as offices in Red Bank, Brick, and Westfield.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.