When you are hurt by a product that you trusted was safe, you are right to feel angry. Product manufacturers profit richly from the sales of items and have an obligation to make the product perform as advertised without causing harm to the user. When you get hurt, you may be entitled to damages. The term "damages" refers to the money you are owed by the product maker as a result of the injury you suffered. Read on to find out more about what to expect when you take action against a product maker in terms of monetary compensation as a result of the damages.
To be compensated, you should be prepared to show proof of a loss. Proving a loss means presenting evidence to support a claim. Any given personal injury case will include many pieces of evidence – the more you have the easier it will be to show proof. For example, if you want to show that a small appliance was defective when it exploded, saving the appliance and all associated paperwork is important. If you want to show that the appliance caused severe burns as a result of a malfunction, you should be prepared to provide your lawyer with medical records, photos of the injuries, proof of lost time from work, etc. There are two main categories to be aware of when it comes to damages: economic and non-economic.
Economic Damages in Product Liability Cases
Also called "actual" damages, this category of damages is directly related to a certain monetary loss. If you missed work, the pay you missed while dealing with the accident and injury is an economic loss. Other economic losses include:
- Property losses – If any personal items were damaged as a result of the defective product, you can be reimbursed. For example, if an electronic cigarette (vaping device) catches fire in your pants pocket, not only will you be badly burned but you will also experience the loss of clothing, cash, a cell phone, a wallet, etc. Items in your home, your vehicle, your clothing and jewelry, and the loss of the item that caused the problem are all reimbursable economic losses.
- Medical treatment costs – Any medical need should be covered, from the emergency room to ongoing physical therapy sessions.
Non-Economic Damages in Product Liability Cases
The other category is not based on exact losses but is a calculation based on your medical expenses. Pain and suffering, loss of consortium, and psychological trauma are all non-economic forms of damage. Your medical expenses are usually used in a calculation that is multiplied by a certain factor. Non-economic damages often result in a higher figure than economic damages, so it would be a mistake not to take care when gathering medical evidence of your injury.
You are likely owed compensation because of your injury so speak to a personal injury attorney as soon as possible. Get more information from a company like Kavanagh & Kavanagh Law Ofc.