When a manufacturer, designer or distributor is found liable for a defective product injury, the court can order them to compensate the injured consumer for their losses. In a successful product liability lawsuit, the court will award the plaintiff with damages, a legal term used to describe this compensation. If you or a loved one was injured by a defective product, you may be entitled to product liability damages for your suffering. To find out if you have a case, fill out our free case review form to speak with a product liability attorney today.
In a successful product liability lawsuit, the jury will award compensatory damages, which are intended to make the injured plaintiff "whole" again. Compensatory damages reimburse the plaintiff for bodily harm and economic losses, such as medical bills, lost wages and property damage. If the consumer cannot perform the same work as he or she did prior to the defective product injury, they may also be awarded with compensation for loss of earning capacity. Likewise, if the plaintiff can prove that their injury will require continual medical care, they can recover for the cost of future medical expenses.
Product liability lawsuits can also compensate the consumer for non-economic losses suffered as a result of their defective product injuries. For instance, courts often award pain and suffering damages which compensate the consumer for the physical pain suffered as a result of their injuries. Pain and suffering damages may also compensate the injured consumer for mental suffering, including anxiety, fear or depression, that results from the defective product accident or injury.
Loss of consortium damages may also be awarded to compensate the consumer for the loss of marital benefits, such as sexual relations, comfort or affection. The husband and wife of the plaintiff may be able to recover loss of consortium damages even if the defective product did not cause them physical harm. Non-monetary losses, which are referred to as general damages, are typically more difficult to quantify than economic damages.
Compensatory damages differ from punitive damages, which are designed to punish the defendant and deter others from engaging in similar conduct. For punitive damages to be awarded, the plaintiff must prove through compelling evidence that willful, reckless, or malevolent behavior by the defendant is responsible for the damages in question.
In reply to some high-profile cases, such as the infamous case of McDonald's scalding coffee being spilled on a customer, some states have launched tort reform initiatives that limit the total of punitive damages that a plaintiff can receive. The US Supreme Court has implemented legislation which states that the proportion of compensatory to punitive damages should not exceed 9:1. However, Florida law declares that a punitive damage award any higher than three times the amount of compensatory damage is gratuitous and is subject to a cap.
Over the last decade, rising product liability compensation costs have kept domestic companies on their toes. Simultaneously, while there is great opportunity for international commerce in the US market, foreign businesses are at greater risk if they are sued and lose a product liability dispute. Just since 1994, the average amount of compensation in a US product liability case in which the plaintiff was killed was $600,000. By the beginning of the 21st century, this number had risen to $1.6 million per case and is steadily increasing to this day.
If you or a loved one was injured by a defective product or drug, our lawyers may be able to recover product liability damages on your behalf. We have represented numerous clients who recovered compensation for medical bills, lost wages and other losses suffered as a result of their injuries. To find out if we can help you recover compensation from the party responsible for your defective product injuries, fill out our free case review form on the right.
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