Defective Product Injuries: What To Know

Everyone has the right to use products purchased in stores and not get hurt. You should be able to trust that the manufacturer has created and sold a safe product, but unfortunately, that does not always happen. Read on to learn more about how personal injury law views defective products.

What Are Your Damages?

The negative ways that a defective product has affected you are known as damages. Damages are divided into two categories – economic and non-economic. No matter where your damages fall, keeping good records of the way the product has affected you is key. Your personal injury attorney will need things like:

  • The original packaging of the product including package inserts, manuals, directions, etc.
  • A journal of the effects of the injury on your life.
  • Medical records, insurance explanation of benefits statements, receipts, etc.
  • Photographs of injuries and the defective product.

Economic Damages

This category of damages is linked directly to a specific loss.

  1. Medical – This means every medical treatment you've had so far, as well as any predicted future needs. This includes all medical treatments, physical therapy, diagnostic tests, medication, and more.
  2. Lost Wages – Keep up with all the time that you had to miss work because of the defective product. For example, you might include time spent in the emergency room, in the hospital, attending appointments, etc. Make a note of when you used any paid time off to deal with related issues.
  3. Loss Of Property – You are entitled to be reimbursed for any lost or damaged property as a result of defective products. This might include clothing, furniture, your vehicle, and more. For instance, if an e-cigarette caught fire in your pocket, you should expect to be paid for your jeans, wallet, etc.
  4. Accommodations – Anything you need to use to add comfort and convenience to your life goes into this category. This might include a cleaning service, home health aides, special bathing and toileting equipment, walkers, crutches, and so on.

Non-economic Damages

The above forms of damage are bad enough, but it can be more difficult to put a price on things like pain and suffering. Even though the damage is not accompanied by a specific dollar amount, you are still eligible to be paid for pain and suffering. In some cases, the compensation for non-economic damages exceeds that of your economic damages. That is because the amount of your medical expenses are but a starting point for computing pain and suffering, loss of consortium, and mental trauma. This category covers issues like emotional damage, depression, anxiety, changes in sleeping habits, appetite changes, and other debilitating effects that come in tandem with a severe injury caused by a defective product.

You are owed compensation because of your injury so speak to a personal injury attorney right away.