Product liability claims can be complicated legal issues in many instances, even when the product is known to have generated legal action in the past. Product recalls that have required manufacturers to establish designated trust funds for paying injured victims can still be a long and arduous process because the claimant’s legal counsel still must prove the injury and product are related. The only primary difference with a typical personal injury claim and product liability claim is the plaintiff attorney needs not to prove negligence on the part of the manufacturer or retail outlet making the sale. This also means that personal contribution to causing the injury is usually not an issue, meaning that whole damages could potentially be available.
Economic Damages
There are some specific financial damages associated with a product liability claim that can be quantified in exact dollars. Also known as special damages in some states, those economic damages include recovery for:
- Medical Bills
- Lost Wages
- Cost of Disability
- Property Damages
- Funeral Expenses in Fatal Injury Cases
- Non-Economic Damages
Many times the most valuable component of a product liability case is the non-economic general damage portion of the final compensation settlement. This can apply to both a personal injury claim, as well as any wrongful death claim that may be available, and could include compensation for:
- Pain-and-Suffering
- Loss of Consortium for Spouses
- Loss of Future Inheritance and Support for Minors
- Punitive Damages
Depending on the particulars of any product liability claim, punitive damages could be available when an experienced product liability attorney can prove gross negligence on the part of any litigant involved, including the manufacturer when they have marketed a product they know does not meet commercial safety standards. Potentially, this can also make a product liability case even more valuable, but this award will require presenting the case in a full trial for a jury decision on financial punishment.
All product liability cases are unique, which means damages can vary greatly based on what actually transpired when a product failed to function properly. Product liability cases are always defended vigorously, which means it is essential to have an experienced personal injury lawyer in Westlake Village and Agoura Hills like the legal professionals at West Valley Injury Attorneys who understand how to present a solid product liability case for maximum compensation.
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