Did a defective or dangerous product recently injure you? Before you go ahead and make a claim, it is vital to understand the range of compensable losses. In other words, you need to know the scope and seriousness of the injury and the damages you deserve.
With that said, let’s talk about damages you can get out of a product liability case. But first, let us define what damages are:
What Are Damages?
According to the legal definition, damages are the monetary compensation that a plaintiff obtains after winning a case. These are mostly obtained in the form of money to pay for the damages and losses sustained. However, the damages may also be in the form of the cost of repairing, restoring, or replacing the property damaged or destroyed.
Generally, there are two types of damages that are associated with a product liability case. The first type is compensatory damages, and the second type is punitive damages.
What Are Compensatory Damages?
The main purpose of product liability laws is to ensure that consumers are not subjected to defective products. The main objective of compensatory damages is to give the injured party some financial compensation. Hence, compensatory damages are given in exchange for the harm and losses one suffered from a defective product.
What Types of Compensatory Damages Are There?
These are often classified into two main types:
1. Compensatory Damages for Actual Losses
If you were harmed by a product and sustained losses, then you are entitled to recover damages for the following: medical expenses, loss of earning capacity or loss of wages, property damage, loss of enjoyment, loss of consortium, pain, suffering, and mental anguish.
2. Compensatory Damages for Pain and Suffering
Compensatory damages for pain and suffering are based on the seriousness of the injuries inflicted by a product. When a product causes serious harm and injuries that result in severe pain and suffering, then it is only fair that the injured plaintiff should get some compensation.
What Are Punitive Damages?
In contrast to compensatory damages, punitive damages are awarded to punish the negligent party and discourage others from committing the same or similar acts. Moreover, they are also awarded to make the manufacturer pay the price for their wrongdoing.
What Types of Punitive Damages Are There?
These are divided into two types:
1. Punitive Damages for Intentional or Reckless Misconduct
This form of damages is given when the manufacturer or seller intentionally put the injured party in danger or knew that the product was defective and still released the product to the market. Moreover, this also applies when the manufacturer or seller does not provide an adequate warning about the product defect.
2. Punitive Damages for Negligence
This applies when the manufacturer or seller was not aware of the product defect but still failed to establish a reasonable standard of care. This typically happens when the defect is not immediately visible or obvious.
To protect your rights, it is always a great idea to file a claim for the damages you suffered from an injury or accident. With that said, always make sure to know the scope and seriousness of your case. Only by knowing your legal position can you prove that a manufacturer or seller was negligent enough to make you suffer. If you need help, feel free to reach out to our personal injury attorneys to assist you. They can help you not only increase the chances of a successful claim but also get you the compensation that you deserve.
Harper Law Firm is a personal injury attorney firm committed to helping individuals injured in various accidents get the compensations they deserve. If you are looking for the best injury lawyer in San Antonio, reach out to us today!