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Damages in Product Liability Cases

Atlanta Lawyers Representing Injured Consumers

Product LiabilityWhen you buy a product, you do not expect to be injured by it. You may assume that a manufacturer has conducted appropriate testing and that if it were unsafe, it would not have put the product into the marketplace. Unfortunately, defective products do exist and can cause catastrophic or fatal injuries. You may need to bring a product liability lawsuit to recover your damages after being injured by a defective product. You should call the experienced Atlanta product liability lawyers at Van Sant Law. We represent consumers who are pursuing damages in product liability cases.

Damages in Product Liability Cases

If we can establish a manufacturer’s liability, we may be able to recover compensatory damages on your behalf. These are damages intended to put you back in the position in which you would have been had you not been injured by a defective product. They can include both economic and non-economic losses.

Economic Losses

Economic losses may include medical bills, lost wages, out-of-pocket expenses, and replacement services. The nature and type of these losses depend on the extent of your injuries. For example, if you were hurt in a vehicle rollover due to roof crush because of a truck’s flawed design, you may be left paralyzed and in need of medical emergency care, ongoing treatment, rehabilitation, and therapy. You may also need to make alterations to your home and obtain assistive equipment. You may be able to recover those losses in a product liability lawsuit. For another example, if a kitchen appliance exploded in your face due to a manufacturing defect, and you sustained disfigurement, scarring, and vision loss, you may be able to recover the costs of revision surgery, as well as assistive devices for the vision loss. You may need household help after the accident, and this may be another of the items that you can recover.

Economic losses tend to be stable because they are supported by documentation. On the other hand, non-economic losses can vary dramatically depending on the attorney who represents you and your own traits.

Non-Economic Losses

Non-economic losses may include pain and suffering, loss of earning capacity, loss of enjoyment of life, loss of consortium, and disfigurement. The jury will determine your non-economic losses according to what it believes would naturally flow from your injuries.

Your own personal traits can affect the amount and nature of your damages. Bias can also affect the damages award. Insurance adjusters and jury members may believe, for example, that injuries that result in scarring more greatly affect the emotional life of young women than elderly men. Facial scars may be assumed to create more emotional distress for young women. For another example, if you were in a vehicle rollover that resulted in spinal cord injuries and could no longer play pickup basketball every day, or work in a job in carpentry for which you had been trained, the jury may be inclined to believe that you sustained a great loss.

Punitive Damages

Punitive damages are awarded to punish the defendant and deter future misconduct. They may be awarded when a manufacturer's conduct was egregious. For example, it may be appropriate to seek punitive damages when a manufacturer knew that a product was unsafe but sold it anyway for profit. To obtain punitive damages in Georgia, your attorney must be able to show that the defendant's conduct was oppressive, wanton, fraudulent, malicious, willful, or totally lacking in care, such that there is a presumption of conscious indifference to consequences.

Consult a Knowledgeable Atlanta Attorney

If you want to know more about damages in product liability cases, you should talk to the seasoned personal injury attorneys at Van Sant Law. We are an adapting and safety-conscious law firm, so we can sign up your case electronically without face-to-face interactions. We are also able to visit you in your home if that is preferable. We have offices in Atlanta, Alpharetta, Athens, Cumming, Duluth, Lawrenceville, and Gainesville, and we represent clients throughout Georgia. Call us at 855-GA-INJURY or complete our online form.

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From the first time I called them to the current status of my case, has been by my side through it all. I would like to thank everyone in Van Sant Law for answering any questions that I have in a timely manner. I can personally say, Everyone in deserves recognition for being honest, hard working, ethical, logical, dedicated people. The only reason I rated them 5 stars is because it would not let me go higher! Hilary
I was in a car accident with a tractor trailer two years ago and David Van Sant came highly recommended for someone I could talk to about the situation. Best decision I've ever made! He fought for me in ways that was truly amazing. David and his crew worked so hard to come to a great conclusion on my case. Thank you David, Michael and everyone in the office. Mary
Attorney David M. VanSant is one of the best injury trial attorneys here in the Atlanta area. They are precise and unique in their approach. When I had my car accident, my whole world was turned upside down, but with Attorney VanSant and his team of professionals dedication and quality of service, my life is back on track. Let the VanSant team handle your case! You're in good hands. Crystal