If you have been injured by a defective product you probably already know all the ways that the injury has impacted your life. At the law offices of The Law Offices Of Andrew Lynch we cannot promise you an outcome or predict the future, but if an outcome is possible we will work with you to make it a reality.
Maybe you see a fast and easy settlement as the quickest route to getting your life back together after the injury. Whether you have been approached with an offer of settlement by one of the parties responsible for your injury, or are thinking about approaching that party to demand compensation, you should be aware of complications that can arise in settling your products liability claim. Moreover, you should consult with an experienced attorney before proceeding.
You need an attorney who will focus on protecting your rights and maximizing the value of your case while you focus on healing. At the law office of The Law Offices Of Andrew Lynch our job is to look out for your interests and fight to get you full monetary value for your injuries.
Products Liability Cases: The Basics
Products liability law requires that the manufacturer, distributor, and/or seller of a product bear responsibility for injuries caused by that product if the product is defective in its design, manufacture, or marketing.
A product can be defective in a number of ways. If a product is marketed with inadequate instructions or warnings as to foreseeable risks it is defective. If a product is manufactured with a flaw, but the design and marketing of the product are fine, it is called a manufacturing defect. If a product is designed in such way that it is foreseeable that injury could result, and if the risk of injury could have been reduced by an alternative design, then a product is said to be defective in its design. When looking at alternative designs, the court will look at the costs associated with the alternative designs, whether the proposed alternative would in fact have reduced the foreseeable risks of harm associated with the product, and whether the failure to use the alternative design made the product unreasonably unsafe at the time it was manufactured. If a product is defective in the way that it was marketed, manufactured, or designed, and someone is injured as a result of that defect, then the manufacturer, distributor and/or seller of the product are usually liable, or responsible for the consequences of the defect.
If you are considering settling your products liability claim, you need to think about three general issues: liability and damages. Each of these issues has a particular impact when settling your claim.
Settlement Issues: Liability
When we speak of liability we are really talking about who is going to take responsibility for the product that injured you. As you might imagine, a products liability case can include not only the manufacturer, distributor, and/or seller of a product but also the manufacturer, distributor and/or seller of component parts which were defective and which contributed to the injury.
Before discussing settlement with any of the parties, you need to identify all of the parties that might bear some responsibility for your injury.
Settlement Issues: Damages
Once you have identified all the parties who bear some responsibility for your injury, you need to determine what your damages are.
This is not as simple as adding up your medical bills and time lost from work. Generally, these damages can include past and future medical and nursing bills, past and future wage loss, past and future pain and suffering, past and future emotional distress and embarrassment, past and future loss of consortium, as well as past and future expenses associated with the injury such as having to hire work done that you can no longer do. Some of these damages require proof from an expert. For example, usually you will need a doctor to say that you are likely to incur future medical expenses. The doctor will also need to outline the nature and frequency of those expenses. Similarly, with respect to wage loss, you may need to have a doctor say that you are permanently disabled and an economist to demonstrate what you lost in wages and benefits.
At the law office of The Law Offices Of Andrew Lynch, we are here to help. Products liability cases are complex and long. We believe your case should be prepared to for trial. We have found that putting this hard work into your case puts us in position to get you the best outcome possible.
We cannot promise you an outcome or predict the future, but if an outcome is possible we will work with you to make it a reality.
Please contact the Decatur office of The Law Offices Of Andrew Lynch today for a free consultation.
Types of Damages You Can Receive from a Product Liability Claim
A Georgia product liability lawyer knows that product liability claims arise when a defective or dangerous product causes harm to a consumer. In such cases, the injured party may be entitled to seek compensation for the damages they have suffered. Product liability claims can involve a wide range of products, from defective electronics to faulty medical devices. When you need help with your claim, call The Law Offices Of Andrew Lynch to see how we can help you.
Compensation You Can Receive From a Product Liability Claim
The types of damages one can receive from a product liability claim typically fall into several categories:
- Compensatory Damages:
Compensatory damages aim to compensate the injured party for the losses and harm they have experienced due to the defective product. This category includes:
- Medical Expenses: Compensation for past and future medical bills, hospitalization, surgeries, medication, rehabilitation, and any other necessary medical treatments resulting from the injuries caused by the defective product.
- Lost Wages: If the injuries lead to the inability to work, the injured party may receive compensation for the income they have lost during their recovery period. This also covers potential future lost wages if the injuries result in a long-term or permanent disability.
- Pain and Suffering: Damages for the physical and emotional pain, suffering, and distress experienced due to the injuries caused by the defective product.
- Property Damage: Compensation for any damage to personal property caused by the defective product. For example, if a malfunctioning electronic device damages other belongings.
- Economic Damages:
Economic damages are specific financial losses that can be quantified with relative ease. These include:
- Lost Profits: If the defective product caused harm to a business or its assets, the injured party may be entitled to recover lost profits and other economic losses.
- Cost of Replacement: If the defective product damaged or destroyed other property, the cost of replacing or repairing that property can be claimed.
- Non-Economic Damages:
Your Georgia product liability lawyer knows that non-economic damages are subjective losses that are more challenging to quantify but are equally significant. They include:
- Pain and Suffering: In addition to compensatory damages for pain and suffering, non-economic damages may address the emotional toll of the injuries on the injured party’s life.
- Loss of Enjoyment of Life: Compensation for the loss of ability to engage in activities and hobbies that the injured party enjoyed before the injury.
- Loss of Consortium: If the injuries negatively impact the injured party’s relationship with their spouse, they may be eligible for damages related to the loss of companionship, support, and services.
- Punitive Damages:
In certain cases, punitive damages may be awarded to the injured party. Unlike compensatory damages, punitive damages are not intended to compensate for losses. Instead, they aim to punish the manufacturer or seller of the defective product for their reckless or intentional conduct and to deter similar behavior in the future.
Find Help For Your Claim
When you need help with a product liability claim, trust the team at The Law Offices Of Andrew Lynch. We care about getting you the help you need. For more information, speak with our trusted Georgia product liability lawyer for help today.
