Product Liability Lawyer New Bern | Ward and Smith, P.A. Personal Injury

When defective products cause harm, seeking justice can be complex and challenging. If you’ve been injured by a faulty product in New Bern, the product liability lawyers at Ward and Smith are here to help. Our experienced team is committed to holding manufacturers and distributors accountable for their negligence and ensuring you receive the compensation you deserve. Contact us at (252) 421-5281 for a free consultation, and let us guide you through the legal process with expertise and dedication.

Understanding Recoverable Damages in Product Liability Claims

When a defective or dangerous product causes injury, those affected may pursue a product liability claim. This legal action seeks to hold manufacturers, distributors, or retailers accountable for the harm caused by their products. Understanding the types of damages recoverable in a product liability claim is essential for victims as they navigate the legal process.

What is Product Liability?

Product liability refers to the legal responsibility of manufacturers, distributors, and retailers for defects in their products that cause injury or damage. There are three main types of defects that can lead to a product liability claim:

Design Defects: These occur when a product is inherently dangerous due to its design, even before it is manufactured.
Manufacturing Defects: These happen during the production process, resulting in a product that is different from the intended design and is unsafe.
Marketing Defects: These involve inadequate warnings or instructions that fail to inform consumers of potential risks associated with using the product.

Types of Recoverable Damages

When pursuing a product liability claim, victims may seek various types of damages, which can be broadly categorized into two main groups: economic and non-economic damages.

Economic Damages

Economic damages are tangible losses that can be quantified in monetary terms. They typically include:

Medical Expenses: This category covers all costs associated with medical treatment resulting from the injury. This may include hospital bills, surgeries, rehabilitation, medications, and any ongoing care required.
Lost Wages: If the injury prevents the victim from working, they can recover lost income for the time they were unable to earn a living. This includes not only the immediate loss of wages but also any future earning capacity if the injury results in long-term disability.
Property Damage: If the product caused damage to personal property, victims can claim the cost of repairs or replacement.
Out-of-Pocket Expenses: These include any additional costs incurred due to the injury, such as transportation for medical appointments, home modifications needed for accessibility, or assistive devices.

Non-Economic Damages

Non-economic damages refer to intangible losses that are more challenging to quantify but are nonetheless significant. These damages may include:

Pain and Suffering: This category compensates victims for the physical pain and emotional distress they endure as a result of the injury. Factors considered include the severity of the injury, the duration of pain, and the impact on the victim’s quality of life.
Emotional Distress: Victims may experience anxiety, depression, or other emotional issues stemming from the injury. This type of damage recognizes the psychological impact of the incident.
Loss of Enjoyment of Life: If the injury affects a victim’s ability to participate in activities they once enjoyed, they may be compensated for this loss. This could include hobbies, sports, or other recreational activities.
Loss of Consortium: In cases where a victim’s relationship with their spouse is negatively affected due to the injury, the spouse may seek damages for loss of companionship, affection, or support.

Factors Influencing the Amount of Damages

Several factors can influence the total amount of damages recoverable in a product liability claim:

Severity of Injuries: More severe injuries typically result in higher medical expenses and greater pain and suffering, leading to higher compensation.
Duration of Recovery: If recovery is prolonged, both economic and non-economic damages may increase.
Impact on Daily Life: The extent to which the injury affects the victim’s daily activities, work, and personal relationships can influence the overall damage amount.
Evidence of Negligence: Demonstrating that the manufacturer or seller was negligent can strengthen the case and potentially lead to higher damages.
Jurisdiction: Different states have varying laws and caps on damages, which can impact the total amount recoverable.

How to Document Damages

Proper documentation is essential for substantiating claims for damages in product liability cases. Here are steps to consider:

Medical Records: Keep thorough records of all medical treatments, diagnoses, and expenses incurred as a result of the injury. This documentation is vital for proving medical costs.
Pay Stubs and Tax Returns: Collect documentation that reflects lost wages, including pay stubs, tax returns, and employer statements regarding your ability to work.
Receipts for Expenses: Maintain receipts for all out-of-pocket expenses related to the injury, such as transportation, home modifications, or assistive devices.
Personal Journals: Keeping a journal to document pain levels, emotional struggles, and how the injury affects daily life can help convey the extent of non-economic damages.
Witness Statements: Statements from friends, family, or coworkers who can attest to the changes in the victim’s life post-injury can add credibility to non-economic damage claims.

Product liability claims can provide vital compensation for individuals injured by defective or dangerous products. Understanding the types of recoverable damages—both economic and non-economic—is essential for victims seeking justice. Proper documentation and a clear understanding of how to present a case can significantly impact the outcome of a claim.

If you or a loved one has been injured due to a defective product in New Bern, consider seeking legal counsel from a personal injury attorney experienced in product liability cases. They can guide you through the claims process, help gather evidence, and advocate for the compensation you deserve. Taking swift action is crucial in ensuring your rights are protected and that you receive the necessary support for recovery.

Experienced Product Liability Attorney in New Bern

Defective products can cause significant harm and disrupt your life, making it crucial to hold manufacturers and distributors accountable. At Ward and Smith, our experienced product liability attorneys are dedicated to advocating for your rights and ensuring you receive the compensation you deserve for your injuries and losses. We are here to provide the skilled legal support needed to navigate your claim effectively. Contact us at (252) 421-5281 for a free consultation, and let us help you pursue justice and hold those responsible accountable.