What Kinds of Damages Can I Seek After Getting Hurt by a Defective Product?

August 10, 2022
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If you were hurt while using a defective product, you’re probably wondering whether taking action is even worth it. After all, manufacturers and retailers undoubtedly have the resources to challenge every claim that comes their way.

While there’s no way to guarantee a product liability claim will yield compensation, there are a few factors you can evaluate to determine the likelihood of success, so you can make an informed decision. It’s also wise to consider the severity of the damages before getting your case underway. If they end up being fairly minor, you may not think proceeding has the potential to be worthwhile, even if your claim would likely be successful.

To help you decide, let’s take a look at the kinds of damages you can include in your claim:

1. Medical Expenses

Virtually all the out-of-pocket expenses associated with treating your injuries are recoverable. Examples include office copays, prescription costs, and home care fees. Even with adequate health insurance, these expenses can add up fast, so make sure to save their associated documentation. Should you choose to proceed with a claim, this will ensure you don’t overlook a single one.

2. Lost Wages

If your injuries keep you out of work, you can seek compensation for the wages you lose as a result. Moreover, if your injuries cause such severe and permanent limitations that you’re unable to earn a living wage ever again, you can seek compensation for lost earning capacity. This encompasses all the income and benefits you would have earned had you remained in the workforce until a more reasonable retirement age.

3. The Cost of Replacement Services

Chances are you’ll need a little extra help while recovering from your injuries. Thankfully, the money you spend on any reasonable and necessary replacement services is recoverable. Such services might include transportation, childcare, and domestic help like meal preparation and housekeeping.

4. Non-Monetary Losses

South Carolina tort law recognizes the fact that injuries can be just as devastating psychologically as they are financially. As such, you can account for a host of non-monetary losses when building your claim. Examples include mental anguish, loss of enjoyment in life, depression, anxiety, and pain and suffering.

Of course, since these losses are intangible, demonstrating their extent can pose a challenge. This is where detailed journal entries can come in handy.

As soon as possible after the accident, start recording the hurdles you face in a daily journal. Then, when the time comes to prove your non-economic damages, you can present these entries. Psychological assessments and statements from loved ones can also help demonstrate non-monetary losses.

Speak with a South Carolina Product Liability Attorney

At Hodge & Langley Law Firm, we know how devastating unanticipated injuries can be on the whole family. If you or someone you love was hurt by a defective product, we’ll leave no stone unturned in pursuit of compensation on your behalf. Call 864-585-3873 or complete our Contact Form to schedule a free initial consultation with a product liability lawyer in South Carolina.



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