How to Demonstrate Damages After Getting Hurt by a Defective Product

January 5, 2023
warehouse shelves full of products

Designers, engineers, manufacturers, and retailers owe it to consumers to release products that are generally safe. When they fail to do so and someone ends up getting hurt as a result, they can expect to be held liable.

If you were seriously hurt despite using a product as intended, you’re probably wondering whether you have grounds for legal action. The easiest way to determine how best to proceed is by consulting a product liability attorney.

Should you have a viable case on your hand, a resourceful lawyer can help you put together the pieces of your compelling claim. This starts by gathering sufficient evidence of damages. Read on to learn what this will likely include:

1. Medical Records

As long as you sought care fairly soon after the wreck and your injuries are consistent with what happened, the associated records should serve as the foundation of your damages claim. They should provide a tangible link between the product in question and your condition, thereby laying the groundwork for all the losses you’ve incurred since.

As such, it’s imperative that you save all the documentation related to the care you receive. Examples include hospital intake forms, nursing logs, and diagnostic images.

2. Invoices and Receipts

The paperwork that corresponds to all the expenses you wouldn’t have incurred had you not been hurt will prove invaluable when it comes time to demonstrate your economic damages. Expenses for which you can seek reimbursement include the cost of things like office copays, prescription drugs, medical equipment, reasonably necessary replacement services, and home and vehicle modifications for accommodating any lasting disabilities.

3. Employment Records

If your injuries keep you out of work, you can seek funds for all the paychecks you lose as a result. You’re going to have to present paystubs and the like, however, to include this loss in your claim.

It’s also worth noting that if your injuries are so severe they prevent you from returning to the workforce at all, you can seek compensation for lost earning capacity. You may need testimony from various specialists, like economists and vocational experts, to speak on your career trajectory and the amount of money you would have likely earned had you been able to retire at a normal age.

4. Journal Entries

Journal entries are one of the most widely accepted ways to prove non-economic damages like diminished quality of life, mental anguish, and pain and suffering. As such, it’s wise to start writing daily entries about the challenges your injuries pose as soon as possible after the accident.

Discuss Your Claim with a Product Liability Attorney in South Carolina

If you want to take action against a designer, engineer, manufacturer, and/or retailer for releasing a defective product, turn to Hodge & Langley Law Firm for strategic guidance every step of the way. Our seasoned team is equipped to go up against even the largest corporations, and we’re not afraid to take them to trial if that’s what it takes. Call 864-585-3873 or submit our Contact Form to schedule a free initial consultation with a product liability lawyer in South Carolina.



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