When you’ve been injured by a defective product, pursuing a product liability claim can be crucial to obtaining the compensation you deserve. However, one of the most common questions victims ask is, “How much is my case worth?” Calculating the value of a product liability claim involves considering several factors, each contributing to the potential compensation you could receive. Understanding these factors can help you better assess your case and work with your attorney to seek the maximum compensation possible.
1. The Severity of Your Injuries
The severity of your injuries is one of the most significant factors in determining the value of your product liability claim. Generally, more severe injuries result in higher compensation. When evaluating the severity, consider the following:
- Medical Expenses: All past, current, and future medical costs related to the injury should be accounted for. This includes hospital stays, surgeries, physical therapy, medication, and any necessary medical equipment or home care.
- Permanent Impairment or Disability: If the injury has resulted in a long-term or permanent disability, the case value can increase significantly. This includes compensation for the loss of function or mobility, disfigurement, or any impairment that affects your quality of life.
- Pain and Suffering: Pain and suffering refer to the physical pain and emotional distress caused by the injury. These damages are often more subjective and can vary widely based on the specifics of your case.
- Impact on Daily Life: Consider how the injury affects your ability to perform daily activities, such as working, caring for yourself, or participating in hobbies and other activities you enjoyed before the injury.
2. Lost Wages and Loss of Earning Capacity
If your injury has resulted in time away from work, you are entitled to seek compensation for lost wages. This includes not only the income you’ve already lost but also any future earnings you may miss out on due to your injury. In cases where the injury has permanently affected your ability to work, you may also be entitled to compensation for loss of earning capacity.
- Current Lost Wages: Calculate the exact amount of income you’ve lost from the time of the injury until the time of settlement or trial.
- Future Lost Earnings: If your injury will affect your ability to work in the future, this amount is more complex to calculate. It involves considering factors such as your age, occupation, skill level, and the long-term impact of your injuries on your ability to work.
3. The Nature of the Defective Product
The nature of the defective product and the circumstances surrounding the defect can also influence the value of your claim. Product liability cases generally fall into three categories:
- Design Defects: These are inherent flaws in the product’s design that make it dangerous, even when used as intended. The case value may increase if the design defect is particularly egregious or if the manufacturer failed to take reasonable steps to address known risks.
- Manufacturing Defects: These defects occur during the production process and can affect only a portion of the products made. The value of your case may depend on the extent of the manufacturing defect and whether the manufacturer was aware of the issue.
- Failure to Warn: If the product lacked adequate warnings or instructions, leading to your injury, this can also affect your claim’s value. The failure to warn could be considered especially serious if the risks were well-known to the manufacturer.
4. Comparative Negligence
In some cases, the value of your product liability claim may be affected by comparative negligence. This legal concept considers whether your actions contributed to your injury and, if so, to what extent. In California, which follows a “pure comparative negligence” rule, your compensation may be reduced by the percentage of fault attributed to you.
- Example: If you were found to be 20% at fault for the injury, your total compensation would be reduced by 20%. For instance, if your total damages were calculated at $100,000, you would receive $80,000 after the reduction.
5. Punitive Damages
In certain cases, you may be entitled to punitive damages. These are awarded not as compensation for your injuries, but as a punishment to the manufacturer for particularly reckless or malicious behavior. Punitive damages can significantly increase the value of your claim, though they are only awarded in cases where the manufacturer’s conduct was especially egregious.
- Example: Punitive damages may be awarded if the manufacturer knowingly allowed a dangerous product to be sold without adequate warnings or recalls.
6. Legal Fees and Costs
Finally, when calculating the value of your product liability claim, it’s important to consider the legal fees and costs associated with pursuing the case. Many personal injury lawyers, including those at Hayes Law, work on a contingency fee basis, meaning they only get paid if you win your case. However, legal fees, court costs, and other expenses will typically be deducted from your final settlement or award.
- Contingency Fees: Typically, these fees range from 33% to 40% of the total recovery. Ensure you understand how these fees are structured before moving forward with your case.
How We Can Help
At Hayes Law, our experienced personal injury attorneys, Jillian Hayes and Jim Hayes, are dedicated to helping you secure the compensation you deserve in a product liability claim. We have a proven track record of achieving exceptional results, even against some of the largest companies. Our team will thoroughly evaluate your case, consider all relevant factors, and fight aggressively to maximize your compensation. If you’ve been injured by a defective product, contact us today to discuss your case and learn how we can help you navigate the legal process.
