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Pursuing Compensation in Product Liability Cases: Types of Damages

Defective products come in a wide variety of shapes and sizes. From contaminated pharmaceuticals to malfunctioning vehicles, corporate and organizational negligence can cause harm in a number of different ways. Accordingly, there are a number of different types of damages a plaintiff can claim when seeking legal restitution.

Many people don’t fully understand their own rights and protections as consumers. If you’ve been hurt or traumatized, been left with medical expenses or lost income, or otherwise been negatively impacted by a dangerous or defective product, we here at Kiesel Law want to ensure that you are compensated fully for your pain and suffering.

In this post, we’ll explain the different types of damages for which you can pursue a product liability lawsuit settlement. For more information about product liability damages or to get help initiating a product liability lawsuit, reach out to Kiesel Law today.

Compensatory Damages

Compensatory damages are the primary type of damages sought from product liability lawsuit settlements. They aim to compensate the plaintiff for the actual losses they have suffered due to a defective product. Compensatory damages can be further divided into two categories…

Economic Damages: These are quantifiable monetary losses incurred by the plaintiff as a result of the defective product. Economic damages may include medical bills, lost wages, property damage, and any other out-of-pocket expenses directly related to the injury. In product liability cases, calculating economic damages is relatively straightforward, as they can be supported with bills, receipts, and other concrete evidence.

Non-Economic Damages: Non-economic damages, often referred to as pain and suffering, are less tangible losses. They encompass the emotional and psychological impact of the injury, such as pain, mental anguish, loss of enjoyment of life, and emotional distress. Calculating non-economic damages is more subjective and can vary greatly from case to case. Plaintiffs may need to rely on expert witnesses and testimony to establish the extent of their non-economic losses.

An injured woman meeting with an attorney to discuss compensatory damages

Punitive Damages

Punitive damages, also known as exemplary damages, serve a different purpose than compensatory damages. While compensatory product liability damages aim to make the plaintiff whole again by reimbursing their losses, punitive damages are intended to punish the defendant and deter them from engaging in similar misconduct in the future.

These damages are awarded when the defendant’s actions were particularly egregious, willful, or reckless. In the context of product liability, punitive damages may be sought if it can be Special Damages

Special damages, also known as consequential or incidental damages, are a subset of compensatory damages. These damages are awarded to compensate the plaintiff for specific financial losses that are directly tied to the defective product. Special damages may include…

Lost Future Earnings: If a plaintiff’s injuries prevent them from working or pursuing their intended career, they may seek damages for lost future earnings. Calculations often involve projecting the plaintiff’s potential income over their expected working years.

Medical Expenses: Special damages can cover both past and future medical expenses related to the injury caused by the defective product. This includes costs for surgeries, rehabilitation, medication, and ongoing medical care.

Property Damage: If a defective product causes damage to the plaintiff’s property, such as a car or home, they can seek compensation for the cost of repairs or replacement.

Wrongful Death Damages

A woman grieving the wrongful death of a loved one

In tragic cases where a defective product leads to the death of an individual, their surviving family members may pursue wrongful death damages. These damages aim to provide compensation for the financial and emotional losses suffered by the deceased person’s loved ones. Wrongful death damages may include…

Funeral and Burial Expenses: These costs can be significant, and family members can seek reimbursement for the expenses associated with the deceased’s funeral and burial.

Loss of Financial Support: Surviving family members may have relied on the deceased’s financial support, including income, benefits, and other forms of financial assistance. Wrongful death damages can help replace this lost support.

Loss of Companionship and Consortium: Damages may be awarded to compensate family members for the loss of companionship, guidance, and emotional support resulting from the death of their loved one.

Kiesel Law Can Help You Get Product Liability Compensation

Product liability lawsuits are complex legal proceedings that can result in various types of damages for the plaintiff. It’s important to know exactly what kind of damages you are eligible to claim and how best to seek product liability compensation.

To navigate a defective product lawsuit successfully, you need a law firm with experience and knowledge. You need a law firm that can accurately assess your case and pursue the appropriate types of damages when seeking justice for your injuries. Simply put, you need Kiesel Law.

Let us put our expertise to work for you.proven that the manufacturer knowingly released a dangerous or defective product without proper warnings or precautions.

Punitive damages can be substantial, often exceeding the amount of compensatory damages awarded. However, their availability and the amount awarded vary by jurisdiction, and some states have imposed caps on punitive damages to prevent excessive awards.