Hurt By A Product? What To Know About Damages

Posted on: 28 February 2018


Whether it happened quickly or over time, defective product injuries can turn your life upside down. Consumers have the right to use a product and not get hurt or made ill, and manufacturers have a responsibility to provide safe products for everyone to use. Read on to learn more about getting compensated for defective product injuries.


When you consider how a product has harmed you, you have damages. This damage is both economical and non-economical, and if your losses are great enough, you should consider taking steps to get compensated. It should be mentioned that if other people have been injured by the same product, such as faulty automobile airbags, you may be able to join a class action lawsuit.

Compensatory Damages

If the courts wish to send a message to a company that sold unsafe products, they may add punitive damages to the compensatory damages. Punitive damages can be considered more of penalty or fine, while compensatory damages seeks to compensate the victim for actual damages. Dollar values can be attached to all manner of damages, so be sure to keep a journal of your bad product experience, as well has good records.

Economic Damages

These are the types of losses than can be more easily "monetized." In some places, these losses are referred to as "specials." For instance:

1. Medical: Any medical treatment you had to pay for, or that you used your own insurance to cover, goes in this category. Be careful about keeping good records, and don't forget to consider your future medical needs, depending on the seriousness of your injury.

2. Accommodations: This category contains those expenditures that you incurred to make your life more comfortable or to get around easier after your injury. It can cover anything from maid services and adding safety bars in your bathroom to special transportation needs.

3. Lost wages: Any time you missed work, lost wages, or had to use your paid time off to cover your salary goes in this category. If you are self-employed or a business owner, you may be eligible for lost profits. You can also be paid for the loss of any future compensation if your injury is expected to continue to affect your ability to earn money.

4. Loss of property: If you lost or damaged any property as a result of the defective product, you are entitled to be reimbursed. For example, say your e-cigarette vaporizer exploded in your bag. In this case, the compensatory damages would include the vaporizer, your nice leather bag, your wallet, your cash, and your ruined cell phone.

Non-Economic Damages

These are often referred to as general damages, and they cover things that are difficult to place a price on. The amount of money you might get for this category of damages is usually computed using the amount of medical expenses and multiplying that by a certain factor, as well as the amount paid out in similar lawsuits.

Pain and suffering and loss of consortium are the main types of damages here. Any way that your life has been impacted by the injury goes in this category. Loss of enjoyment, anxiety, and depression are only a few ways that victims suffer when a defective product injures them. Loss of consortium also encompasses pain and suffering, but it also covers the family members of the victim.

For more information, talk to companies like Lee Eadon Isgett Popwell & Owens.