Paoli Product Liability Lawyer

Defective products can cause severe injuries and lasting damage. If a faulty product harmed you, Kingbird Legal is here to fight for your rights. Our Paoli product liability lawyer will hold manufacturers accountable and seek the compensation you deserve. Call 484-289-4880 today for a free consultation, and let us help you get justice.

What Compensation Can You Recover in a Product Liability Case in Pennsylvania?

If you’ve been injured by a defective product, you might be wondering how you can recover compensation for your injuries. In Pennsylvania, product liability law allows consumers to seek compensation for harm caused by dangerous or defective products. This includes everything from medical bills and lost wages to pain and suffering. But understanding exactly what types of compensation you may be entitled to can be a bit more complicated.

Product liability claims can arise from a variety of situations. Whether the product is a faulty car part, a dangerous prescription drug, or a defective kitchen appliance, you may be eligible for compensation if the product caused injury or harm. Here’s a closer look at what types of compensation you can pursue in a product liability case in Pennsylvania.

Types of Product Defects

Before diving into compensation, it’s important to understand the different types of defects that can give rise to a product liability claim. In Pennsylvania, product liability law typically focuses on three main categories:

Design defects: These occur when the design of the product itself is inherently dangerous, even if it is manufactured correctly.
Manufacturing defects: These defects happen during the production process, making the product unsafe even if the design was sound.
Failure to warn (marketing defects): This type of defect occurs when the manufacturer fails to provide adequate warnings or instructions about how to safely use the product.

Once you’ve determined the type of defect in question, you can pursue compensation for your injuries under the appropriate legal theory. But what exactly can you recover in a product liability claim?

Medical Expenses

If a defective product caused injury, one of the primary forms of compensation you can seek is coverage for your medical expenses. This includes:

Emergency room visits: If your injury required immediate medical attention, you can seek compensation for the costs of your visit, including ambulance fees if applicable.
Hospital stays: Any time spent in the hospital due to your injury should be covered under your claim.
Surgical procedures: If the injury required surgery to repair damage caused by the product, the associated costs can be included.
Physical therapy: If your injury required rehabilitation or physical therapy, these costs should also be considered.
Prescription medications: The costs of medications prescribed to treat the injury, including long-term medications, can be factored into your claim.

In some cases, your medical expenses may continue over the long term if the injury leads to chronic pain or permanent disabilities. This makes it critical to have a lawyer involved early in the process to accurately estimate your future medical costs.

Lost Wages and Earning Capacity

When an injury from a defective product impacts your ability to work, you may be entitled to compensation for lost wages. If you were forced to miss work because of the injury, you can recover the income you lost during that time.

If your injury is severe enough to affect your ability to work in the future or limits your capacity to perform your job, you may also be entitled to compensation for lost earning capacity. This is calculated by considering the difference between what you could have earned had you not been injured and what you can realistically expect to earn going forward.

For example, if you’re unable to return to your previous job due to physical limitations, the difference in wages between your former position and the new job you can perform may be included in your claim.

Pain and Suffering

Pain and suffering compensation is one of the more subjective forms of damages in a product liability case. Unlike medical bills or lost wages, there isn’t a clear, numerical amount that can be assigned to pain and suffering. However, it is an essential part of many personal injury claims.

This type of compensation is meant to cover the physical pain, emotional distress, and overall impact your injury has had on your life. For example, if the injury caused long-term pain, limited your ability to enjoy hobbies, or led to mental anguish, you may be able to recover for these non-economic damages.

In some cases, courts will use a multiplier to calculate pain and suffering damages. For instance, they may take your medical expenses and multiply that figure by a certain number (often between 1.5 and 5) to arrive at a fair compensation amount for your suffering.

Property Damage

If the defective product caused damage to your property, you may be able to seek compensation for repairs or replacement. For example, if a malfunctioning appliance caused a fire that damaged your home or other belongings, you could recover the cost of repairing or replacing those items.

This can include things like:

Car damage: If a defective car part caused an accident that damaged your vehicle, you may be entitled to repair costs or the replacement value of the car.
Home damage: If a product like an electrical appliance caused a fire or water damage in your home, you can recover for the damage done to your property.

In these cases, an experienced attorney can help assess the full extent of property damage and determine how to include those costs in your claim.

Punitive Damages

In some product liability cases, the defendant’s actions may be so egregious or reckless that the court awards punitive damages. Punitive damages are meant to punish the wrongdoer and deter others from engaging in similar conduct.

Punitive damages are typically awarded only in cases involving gross negligence, fraud, or intentional harm. For example, if the manufacturer of a product knowingly sold a dangerous item that they knew could harm consumers, they might be subject to punitive damages in addition to compensatory damages.

However, it’s important to note that punitive damages are not common in every product liability case. They are usually reserved for particularly severe instances of misconduct.

Wrongful Death Damages

If a defective product caused the death of a loved one, family members may be entitled to wrongful death damages. In Pennsylvania, the surviving family members can recover compensation for their emotional distress, loss of companionship, and any financial support the deceased would have provided.

Additionally, the estate of the deceased may be entitled to compensation for medical bills, funeral expenses, and any pain and suffering the decedent endured before passing away. These damages can help relieve some of the financial burdens that come with the sudden loss of a loved one due to a defective product.

How to Maximize Your Product Liability Claim

To maximize your potential compensation in a product liability case, you should:

Gather evidence: Document the defect that caused your injury, gather witness statements, and preserve any physical evidence of the product.
Seek medical attention immediately: Early medical treatment is important not just for your health, but to establish a link between the injury and the defective product.
Consult a lawyer: Product liability cases can be complex. An attorney can help you navigate the legal process, deal with the manufacturer’s insurance company, and ensure your claim is as strong as possible.

Paoli Product Liability Attorney – Taking on Negligent Manufacturers

When defective products cause harm, manufacturers must be held accountable. If you’ve been injured by a defective product in Pennsylvania, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, property damage, and more. The amount you can recover depends on the specifics of your case, including the severity of your injuries and the impact the defect had on your life. Kingbird Legal’s Paoli product liability attorney will fight for the compensation you deserve and ensure unsafe products don’t harm others. Call 484-289-4880 today for a free consultation, and let us help you seek justice.