You may be entitled to damages when a defective product leads to injuries. Like other types of personal injury claims, two main types of damages are available—economic and non-economic. Both damage types are compensatory—meant to repay the individual for their injuries.
In some rare instances, you may also be eligible for punitive damages. These are not to repay you for your damages but to punish the manufacturer, distributor, or seller for producing a dangerous product that led to injuries.
Many people are unsure whether they qualify for damages in Portland product liability cases. Talking to a seasoned defective products attorney can help you explore the losses that may be available in your claim.
Economic Damages in Product Liability Cases
Compensatory damages are named because they compensate injured parties for their losses. To understand the type of compensatory damages available, a person needs to identify their losses.
Economic damages are the easiest to quantify. They represent any financial losses that the individual has experienced or anticipates experiencing in the future.
Medical Expenses
Medical bills are probably the most frequent economic damages related to an injury. These can include ambulance fees, surgeries, doctor appointments, and rehabilitation.
Lost Wages
Lost wages are another frequent economic damage in Portland product liability cases. After an injury, people may miss work while they recover. They may have paid time off or sick leave for minor injuries, so they will not miss financial compensation.
However, these days have value, and an individual would not have used them to recuperate absent the injury. Many people will not have PTO available for longer hours away from work. Missing extended periods to recover can leave someone financially vulnerable.
Property Damage
Depending on the nature of the injury, an individual may also experience other direct financial losses. For example, if a defective product leads to a fire, the person may have property damage. Paying to repair, restore, or replace the damaged property would fall under economic damages.
Future Losses
Some economic damages are more speculative. An individual may not know what to expect in the aftermath of an injury. Their medical team will try to forecast the future and help them understand their road to recovery. That may mean additional time off, a reduced ability to work, and a decline in earning capacity.
Available Non-Economic Damages
Not all damages are financial or have a direct economic cost. These intangible damages include things like:
- Emotional distress
- Pain and suffering
- Mental anguish
- Loss of consortium
These intangible losses have no direct monetary value. However, courts are limited in the type of relief that they can provide. A court cannot remove these harms, but it can order monetary compensation to try to make up for them.
When Punitive Damages Are Used
Punitive damages punish wrongdoers, but they are not available in every case. The defendant must demonstrate malice to justify this punishment.
Explicit malice is unusual in product liability cases. Product manufacturers do not generally want to harm their consumers. However, a Portland lawyer can still hold the at-fault parties accountable for covering damages in a product liability case.
Learn More About Damages in Portland Product Liability Cases
Recovering from a product liability injury can be expensive, painful, and time-consuming. It makes sense that the manufacturer or seller who caused those injuries should be responsible for paying for them.
While nothing can remove pain and suffering, compensation can help ease the burden. Consult a compassionate personal injury attorney to learn more about damages in Portland product liability cases.
