The law rewards victims of defective products for all of the ways that the accident negatively affected their lives including monetary, employment, and other losses.
How Does The Law Reward Victims Of Defective Products?
The term for recovery that you receive through the justice system is called damages. Damages are meant to compensate you for the wrongs that another person or entity has caused. They are meant to make you whole again, as if the incident never occurred. While there can be different types of damages, there are the some that are more commonly associated with products liability cases than others. In the next section, we outline what damages you can expect from a products liability case.
What Damages Are Common In Products Liability Cases?
Economic Damages: Also called “special damages,” economic damages are a form of compensatory damages that are meant to reimburse a plaintiff for the out-of-pocket costs associated with the products liability accident. These can include things such as medical bills, property damage, and lost wages. Normally, these damages are the easiest to identify and one of the most common forms of recovery sought in a products liability case.
Non-Economic Damages: Also called “general damages,” non-economic damages are a form of compensatory damages that seek to relieve a plaintiff for the intangible injuries that accidents can produce. Pain and suffering, disfigurement, disability, loss of consortium, or even loss of a normal live are some examples of non-economic damages but the true extent and nature of your own may be completely different. The only challenge is illustrating these rather subtle harms to the jury.
Punitive Damages: Punitive damages are also known as “exemplary damages” and this might give you a better idea about why they are used. They are normally awarded in instances when the defendant has acted particularly recklessly or wantonly and the judge and jury think he or she should be punished. Therefore, they are not really considered compensatory in nature. However, due to the mental state required, you do not see them arise in products liability cases often because it is hard to show that the manufacturer, distributor, or retailer was wanton or reckless with respect to the plaintiff’s injuries.
How Do You Seek Damages In A Products Liability Case?
There is a specific manner in which you must seek damages in products liability case. First, you need to lay out the proper legal foundation for them in your complaint by citing the relevant facts, laws, and court precedent that support your claim for recovery. Then, you need to buttress your claims with investigation and discovery before the trial commences. Finally, you need to present your case and convince a jury that you are entitled to these damages. Only after all of these steps can you obtain the damages that are rightfully yours in a products liability case. It takes a lot of time and a lot of skill but our firm can help you at every step of the lawsuit.
Wondering What Your Products Liability Suit Is Worth?
Rosenfeld Injury Lawyers sits down with all of our clients to carefully review their case and map out what type of recovery might be available to them. Then, we show them what is needed to accomplish that recovery as well as how we can make that process easier. Want to know what your products liability lawsuit is worth. Call our offices today and a member of the Rosenfeld Injury Lawyers can explain what you could obtain in court.
If you would like to know more about products liability cases in Illinois, please read the following pages