What can I recover from a product liability lawsuit?

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.


If you were injured by a defective, malfunctioning, or unreasonably dangerous product in Miami, you can file a product liability lawsuit with the help of a personal injury attorney.

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, economic damages include:

  • Medical care
  • Hospitalization and treatments
  • Loss of income during recovery
  • Loss of earning capacity
  • Costs of continuing disability
  • Loss of services provided for the family

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:

  • Pain and suffering
  • Mental anguish
  • Physical impairment
  • Loss of enjoyment of life

Besides economic and non-economic damages, a plaintiff might also recover money from punitive damages. Punitive damages are awarded when the manufacturing company acts in a way that reveals extreme negligence or carelessness. Although punitive damages are rare, they can still be awarded in certain circumstances.

How can I win a product liability lawsuit?

To win a product liability lawsuit, you need to identify issues regarding design, manufacturing, and safety warnings, that is, ways in which the manufacturer failed to provide reasonably safe products or warn you about the risks involved in using their product.

However, manufacturers, no matter if they produce automobile components or medical devices, take product liability lawsuits very seriously. Such cases, if lost, can affect a company's finances and credibility. Therefore, companies hire some of the best lawyers to defend them against product liability allegations. Thus, it's recommended you also hire a lawyer with extensive experience in product liability cases.

A product liability lawyer has the necessary financial resources to promptly investigate claims on your behalf, as proving that a product was defective often requires technical or medical knowledge. An experienced product liability lawyer can collaborate 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 issues regarding design, manufacturing, and safety warnings will increase your chances of recovering compensation. Of course, your attorney and the legal representatives of the manufacturing company can reach a settlement in a pretrial phase. If you believe you're offered just compensation, the case doesn't have to proceed to court. If, however, that is not the case, a judge or jury will decide the amount of compensation you should receive for your economic and non-economic damages.

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 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 go over what is needed to be awarded that recovery, as well as how we can make that process easier for you. Call our office today, and we can explain what you could obtain in court.

Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.