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From a product liability lawsuit, you can recover economic damages, which can include medical care, lost wages, loss of earning capacity, loss of services provided for the family, and noneconomic damages, which usually include pain and suffering, mental anguish, physical impairment and loss of enjoyment of life. Punitive damages can also be awarded in certain cases.
Manufacturing companies, distributors, and sellers can be held responsible based on the theory of negligence, strict liability or breach of warranty.
Plaintiffs can recover compensation for their economic and non-economic damages.
Economic damages include a wide range of expenses associated with the injury. Most often they include:
When establishing economic losses, an attorney will work together with medical experts and other specialists to determine the long-term costs of the injury.
Non-economic damages include losses that cannot be quantified. The most common ones are:
Besides economic and non-economic damages, a plaintiff might also recover money from punitive damages.
Punitive damages are awarded when the manufacturing company acted in a way that reveals extreme negligence or carelessness.
Although punitive damages are rare, they can still be awarded in certain circumstances.
If you want to file a product liability claim, contact The Law Offices of Sean M. Cleary in Miami for a free evaluation of your case and for proper legal representation.
The staff at The Law Offices of Sean M. Cleary sits down with you to carefully review your case and map out what type of recovery might be available to you. Then, we show you what is needed to accomplish that recovery as well as how we can make that process easier. Call our offices today and we can explain what you could obtain in court.
In order to win a defective product lawsuit, the person who was injured by a defective or malfunctioning product has to find an experienced attorney who can identify issues regarding design, manufacturing and safety warnings, i.e. ways in which the manufacturer failed to provide reasonably safe products or to warn the consumer about the risks involved in using their product.
Product liability lawsuits are filed by individuals who were severely injured by a defective or malfunctioning product. Manufacturing companies are being held liable for failure to provide the users with properly functioning and reasonably safe products. In case they fail to do so, injured victims are entitled to monetary compensation.
However, before receiving compensation, plaintiffs must win the product liability lawsuit. Manufacturing companies, no matter if they produce automobile components or prescription drugs, take product liability lawsuits very seriously. Such cases, if lost, will affect the company's finances and credibility. Therefore, companies hire some of the best lawyers to defend them against product liability allegations.
The first thing victims of defective products have to do is to find a prosecution lawyer with extensive experience in handling product liability cases. Such lawyers have the necessary financial resources to promptly investigate claims on behalf of their clients. As proving the defectiveness of a product often requires technical or medical knowledge, a determined lawyer will work together with a number of specialists. Completing the investigation as soon as possible is essential for the lawyer to have the necessary time to prepare the case for the trial.
Identifying all issues regarding design, manufacturing and safety warning will increase the plaintiff's chances of recovering compensation. Of course, the plaintiff's attorney and the legal representatives of the manufacturing company can reach a settlement in a pretrial phase. If the victim is offered a just compensation, the case will not proceed to court. If, however, that is not the case, a judge or jury will decide the amount of compensation the victim should receive for his economic and non-economic damages.