What Compensation Is Available In a Defective Product Lawsuit?
We use hundreds of products every day without a second thought, yet the National Safety Council warns that over a million people suffered injuries related to defective products in 2024 alone. What’s more, most of those injuries were caused by everyday products we easily assume are safe.
When a defective product causes a serious injury, you don’t have to be left responsible for the financial consequences as well as the pain, scarring, disability, or other adverse impacts of the injury. These losses become the damages in a defective product lawsuit against the manufacturer.
What Damages are Recoverable In a Defective Product Claim?
Injury damages range from a single emergency room bill, a day or two of lost pay, and a prescription medication, to lifelong disability or death. When the evidence proves that a manufacturer bears liability for a defective product, an injury victim recovers compensation for their damages, which commonly include the following:
- Reimbursement for medical expenses
- Anticipated future medical costs, sometimes including expenses like assistive equipment, rehabilitation, occupational therapy, and home health aid for severe injuries
- Out-of-pocket expenses, such as for travel to see specialists
- Lost earnings
- Compensation for pain and suffering
- Catastrophic injury compensation for any applicable damages in the case, such as for disfigurement, permanent scarring, loss of limb, loss of vision, hearing loss, organ loss, loss of enjoyment of life, or diminished quality of life
- Wrongful death compensation to the family of a loved one who suffered a fatal injury from a defective product
Most defective product claims are resolved through a settlement from the manufacturer’s liability insurance. A small percentage of claims go to court, where the injury victim’s attorney seeks a positive verdict and a jury award for the damages.
What Is Required to Recover Damages In a Defective Product Lawsuit?
A manufacturer’s liability insurance company requires compelling evidence to pay out on claims for defective product damages. First, the injury victim must prove that one of the following standards of strict liability for manufacturers occurred:
- The product’s design is flawed, making it inherently dangerous
- An error occurred during the manufacturing of the product, causing a danger
- The product’s marketing and packaging did not include sufficient warning labels or instructions
Once the case meets the standards of liability, the injury victim must show evidence of their damages. This is typically their medical report, copies of medical bills, receipts for additional expenses, and medical expert testimony showing the future consequences of the injury. Eyewitness testimony is also used to prove the manufacturer’s liability and the full extent of the injury’s impact on their earning capacity and ability to accomplish routine daily tasks.
How Can a Defective Product Lawyer In Georgia Help My Case?
Product liability cases are complex and difficult to prove, requiring careful adherence to filing details and substantial evidence. Insurance companies and manufacturers may attempt to blame the victim, undervalue a settlement, or deny the claim completely. Call Piasta Walker Hagenbush, LLC to hire an experienced attorney handling personal injury lawsuits in Atlanta who will assertively advocate at your side throughout the process of your claim, while you only pay for legal services after you’ve recovered compensation in the case.