When an individual has been harmed or injured as a result of using a consumer product, they may be able to file a defective products claim to recover damages (a monetary sum meant to compensate for medical treatment, pain and suffering and. But what are the kinds of damages one might be eligible to receive in these cases? We take a look at the kinds of “loss” you may be compensated for in defective products cases.
Damages in a personal injury claim typically fall into one of two categories: compensatory and punitive.
Compensatory damages seek to compensate or “make whole” the injured party by restoring them (in as much as is possible) to the state they enjoyed before the accident that caused their injuries. That includes compensation for the following losses as a result of your injuries:
Economic or monetary losses can included costs for medical treatment (current and ongoing), and/or disability, property loss and also wages and income lost as a result of the accident in question.
Pain and suffering (physical or emotional) directly resulting from the accident in question may be “compensated” in personal injury damages associated with your claim. Although no real amount of money can adequately address pain and suffering resulting from a car accident, but because courts do seek to “make whole” the plaintiff in such cases, a monetary amount is decided upon to address non-economic losses like the physical and emotional trauma that results from an accident where negligence is the cause.
Another non-economic loss that may be compensated in these cases is “Loss of Consortium” (or loss of society). Loss of Consortium seeks to redress the negative impact the accident and injuries have had on the injured party’s relationship with their spouse. This includes a loss of intimacy, emotional support, affection and even companionship in some cases.
In most cases, a plaintiff will only be awarded compensatory damages as a result of their claim. However, if the judge finds that the at-fault driver’s actions or negligence is particularly egregious, they may find that punitive damages are warranted.
Punitive damages are often calculated based on the nature of the defendant’s conduct and in relation to the defendant’s wealth.
If you have questions about a car accident you were involved in or would like to discuss filing a personal injury claim, please contact the lawyers at Bizzieri Law Offices at 773.881.9000. We have a wealth of experience pursuing and winning the largest awards for our clients. We will fight hard for you and get you the compensation you deserve.