Recovering Damages in Defective Products Liability Claims

Liability in Defective Products

When a product is being sold to the public, its manufacturers, as well as other parties included in the chain of distribution (retailers, wholesalers, and distributors) are responsible of making sure that the product is safe to be used by consumers. For this reason, if a product is defective (may be a manufacturing or design defect) and that defect caused damage or injury to someone, these parties may be held liable.

If you are one of the victims who have suffered from injuries due to a product that you used, you may possibly have a valid defective product liability claim that may entitle you to receive compensation for damages.

One of the most crucial parts of evaluating a defective product claim is finding out the amounts and types of damages that you have suffered as a result of using such defective products.

What are "Damages?"

The legal term “damages” is used to refer to a monetary payment that is awarded to the plaintiff (complainant or the one who files a complaint) in a court case to compensate for a loss or injury, or to punish the defendant (the one who has to answer to the complaint) for misconduct.

There are various types of damages. However, they are eventually reduced to an amount that the defendant has to give to the plaintiff.

Types of Damages

Damages have two basic types. These are the following:

1. Compensatory Damages
   
   Compensatory damages, also known as actual damages, are used to pay compensation to plaintiffs for the injuries that they sustained, meaning, to bring back the injured individual to the condition he/she was in prior to the occurrence of the injury.
   
   Even though it might not be possible to actually restore the victim to his/her condition before the incident, such as the situation of someone who has a permanent injury, compensatory damages pay the victim the amount of money that is regarded to be “equal” to the value of the injury.
   
   Compensatory damages may be categorized into two: these categories include:
   
   
   • Economic Losses – these are also known as "monetary losses" or "special damages." These refer to property or money that the plaintiff has lost due to his/her injury. Some of the most common types of economic losses include, but are not limited to, the following:
     
     
     1. Medical expenses (including bills from physicians, hospitals, physical therapists, pharmacies, and the like)
     2. Cost of disability (expenses incurred in creating adjustments on your lifestyle because of your injury)
     3. Loss of earnings (lost income for not being able to work; may include future earnings)
     4. Property repair or loss (damaged property due to a defective product)
   
   
   • Non-Economic Losses – these are also called as “non-monetary losses” or “general damages.” These compensate victims for the aspects of injury that are harder to measure, such as suffering physically and/or emotionally. Among others, the two most common non-economic losses include the following:
     
     
     1. Pain and suffering (anguish, pain, or loss of enjoyment of life as a result of your injury)
     2. Loss of consortium (also known as “loss of society,” this includes loss of affection, emotional support, companionship, and sexual relationship)


2. Punitive Damages
   
   Punitive damages, also known as “exemplary damages (originated from the intent of making an “example” out of the defendant), are given to plaintiffs or victims if a jury or judge discovers that the defendant acted particularly badly.
   
   The idea of this is to punish the defendant and to dissuade other people from engaging in the same behavior. Punitive damages are generally similar to a fine.

Getting Help

In determining the amount of damages you may receive, having the help of a highly-trained attorney is necessary as such cases can be very difficult. If you have been injured due to defective products, you should not hesitate to contact a legal professional to aid you in recovering damages and assist you in all the legal aspects of your case.

To help you pursue claims from defective products and related concerns, consult with our skilled Los Angeles attorneys. Visit our website and avail of our free case analysis.

To help you pursue claims from defective products and related concerns, consult with our skilled Los Angeles attorneys. Visit our website and avail of our free case analysis.