The first thing you will want before you consider what compensation you can receive for an injury is to determine liability. When it comes to defective products, a product liability claim may fall on many different people including the manufacturer, distributor, or seller of the product and any component parts that may have contributed. You may need to identify all of the responsible parties before you move on in your claim. There is also something known as “joint and several liability” that occurs in many states; what this inquires is that all defendants will be seen as responsible for all of the damage.
What is the Statute of Limitations on a Claim?
Every state has a statute of limitations, which is a lawsuit that needs filed in a certain amount of time. These statutes apply specifically to defective product liability claims, but the actual amount of time that you have to file will vary from one state to the next. If you fail to file within this amount of time, then the judge will typically throw out your case no matter what. This also depends on the laws of your state. Sometimes it will depend solely on the date of your injury, and other times it begins when the injury is discovered or should have been discovered. Sometimes this can pose as an issue because you may not realize that you have been injured for months or even years, in which case all the difference can be made.
What Compensation can I Ask For?
When it comes to a product liability claim, one of the most important things you need to know is a determination of what types and amounts of damages you believe you have suffered as a result of your injury. Damages refer to the sum of money that is paid to the plaintiff in a lawsuit. They compensate for some form of injury or loss to punish the defendant for what they did wrong to cause the accident. But what categories do damages fall into?
Compensatory and Punitive Damages are two different sides of a coin, but are important to understand when asking for compensation in your case. Compensatory damages are ones that are intended to help you become restored to the condition you were in before the accident. They attach a dollar value to each thing that has happened to you financially as a result of the injury. They include medical expenses, lost wages, and damage to property. They may also include things like pain and suffering, however. Punitive damages, on the other hand, are used to punish a defendant for their conduct and deter others from engaging in that harmful activity. They are like a fine. They are calculated based on the nature of the conduct by the defendant and taken into relation with their wealth.
There are many things to take into consideration when dealing with a product liability case. Because of these complex laws, you may want to seek the help of an experienced attorney who can better understand your case. Speak to an attorney you trust at Welebir Law today!