If you or a loved one was seriously injured by using a defective product, you may be entitled to compensation under a product liability claim. When evaluating such a claim, the most important element is determining the types of damages you’ve suffered and what those losses are worth. If you’ve suffered a large amount of damages, you and a personal injury lawyer in Los Banos should document them prior to going into the courtroom.
Understanding Damages
You’ll need to determine what your injuries have cost you emotionally, financially, and mentally as well as physically. These losses are commonly referred to as “damages.” In personal injury cases, the injured party (plaintiff) is compensated by the person who is liable for the accident (defendant). There are two types of damages in personal injury cases – “compensatory” damages and “punitive” damages.
Compensatory Damages
Compensatory damages are intended to make the plaintiff financially whole again by reimbursing them for their monetary losses attributed to their accident. The most common compensatory damages in a product liability lawsuit include:
• Emotional distress – these damages are intended to compensate the plaintiff for the psychological impact of their injuries such as anxiety, fear, sleep deprivation, etc.
• Loss of companionship/consortium – these damages related to the impact a person’s injuries have on the relationship with their partner or significant other such as no longer being able to have a sexual relationship
• Loss of enjoyment – reimburses you for not being able to enjoy your hobbies, interests and other daily pursuits
• Lost income – if you’re unable to work, you may be awarded damages for the income you’ve lost as well as your loss of future earnings
• Medical treatment associated with the person’s injuries – this includes compensation for the medical care you’ve received and any additional future treatment if needed
• Pain and suffering – if you suffered pain and discomfort during the accident or are experiencing ongoing pain as a result, you could be awarded compensation for your pain and suffering
• Property losses – if any personal property (clothing, vehicles, etc.) are damaged, you could be entitled to compensation for their fair market value or be reimbursed for any repairs
Punitive Damages
Although they are rare, you could be entitled to punitive damages if the defendant’s actions or behavior are deemed outrageously careless or egregious. These damages are intended to punish the defendant’s conduct and hit them where it hurts the most, namely their purse or wallet.
You need the financial compensation to tide over the difficult times while your lawyer looks out for you. That is why it is important to work with an experienced legal expert so that they can help you with the legal complexities.