Recoverable Damages in Cases Involving Defective Products
Suffering an injury due to a defective product can lead to an extended period out of work and in rehabilitation for recovery. When a defective product causes you harm, you have a case to file a defective product claim. There is an evaluation period of the claim that determines what type of damages you have suffered as a result of the defective product. An important thing to note is that you should keep a record of all your injuries so that you receive proper compensation.
Almost all cases involving defective products have financial losses. These losses are either monetary or property that the plaintiff missed out on or lost after being injured by the defective product. A plaintiff can experience various financial losses, including loss of wages, medical expenses, property loss and the cost of disability.
Loss of wages occurs when you miss work due to the injury suffered by a defective product. Even if you missed one month at work you should submit a demand for lost wages in your claim. If your doctor recommends not returning to work for at least one year while you recover, you should include future lost wages in the claim as well. As with any type of injury you will incur medical expenses. These expenses can amount to thousands of dollars even if you have health insurance. Medical expenses include doctor bills, insurance co-pays, hospital bills, pharmacy bills and more.
Property loss is another financial loss you can claim in a defective product injury case, only if the defective product caused damage to your property during the accident. For example, if the product caused a fire or flood at your home or office, you can recover damages to help make the repairs. Should the injury caused by the defective product require that you change your life, you can include the cost of disability in your claim. This would be money spent to add a wheelchair ramp to your house or if you have to hire someone to cook, clean, and care for you or your property.
There are also non-financial losses that can be included in your defective product claim. These losses are known as non-monetary or general damages. They typically include damages that are too difficult to quantify, such as pain and suffering, emotional distress, loss of companionship and other emotional damages. In some cases, one type of pain and suffering you may face is the loss of consortium which is defined as an injury that has a negative impact on your personal life with your spouse. Loss of consortium includes a reduced sexual relationship with your spouse, loss of emotional support and loss of affection.
Depending on the severity of your injury, you could be eligible to demand compensation for the pain and suffering you have endured. For example, if you no longer go out with friends, have trouble enjoying life with family, or have fallen into a state of depression you can file a claim for pain and suffering.
Experienced Birmingham, Alabama Lawyers Can Help You With Your Claim
Life is tough enough as is, let alone when your life has been thrown upside down due to an injury caused by a defective product. The knowledgeable personal injury team at Salter Ferguson are here to fight for your rights to get you the compensation you deserve. Contact their Birmingham, Alabama office today to schedule a consultation.
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.
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