The manufacturers of consumer goods used by McAllen residents and visitors are required to ensure that these products are reasonably safe when used correctly and free from defects that could cause injuries.
When a manufacturer fails to uphold this responsibility, those who have been injured may be eligible to seek compensation for the financial and psychological impacts. In the legal arena, compensation for harm is referred to as damages. Here is a look at the damages in McAllen product liability cases.
Addressing the Financial Impacts of an Injury
Economic damages, a crucial aspect of product liability cases, provide compensation for the financial harm the claimant experienced due to the product defect. This includes the cost of medically treating the injury, wage loss if the claimant missed work, and any lost earning capacity arising from permanent injuries.
Economic damages can also be claimed for wage loss if the claimant missed work due to the injury they sustained from the defective product and any lost earning capacity arising from permanent injuries. In some cases, a claimant can also collect economic damages to cover the cost of hiring someone to perform household services that the claimant can no longer do for themselves due to the injury or modifications to the claimant’s home to accommodate disabilities.
Addressing Diminished Quality of Life
As anyone who has ever experienced a serious injury from a product defect can confirm, not all injury-related costs are monetary. When someone is injured due to a product defect, they likely will suffer a diminished quality of life as they grapple with the pain, the distress of missing work, the inability to enjoy activities with family and friends, and much more.
Non-economic damages, an essential part of product liability cases, acknowledge the non-monetary costs of an injury. The severity of the injury, the presence of permanent injuries, and the level of negligence involved in the manufacturer’s distribution of unsafe products are factors that impact the amount of non-economic damages the claimant will demand.
The Role of Punitive Damages in Product Liability Cases
In some McAllen product liability cases, punitive damages may also be available. Punitive damages are not ordered to compensate the plaintiff for the financial and psychological costs of their injury.
Instead, they are ordered as a consequence of the behavior of the defendant. Manufacturers may be ordered to pay a claimant punitive damages if the claimant and their lawyer can prove that the manufacturer’s actions when handling the product defect were:
- Grossly negligent
- Fraudulent
- Undertaken with malice
A jury generally determines these damages based on evidence presented at trial. Texas caps the amount of punitive damages available in product liability cases at the greater of two times the economic loss or an amount equal to the non-economic loss, up to $750,000.
Contact Kinard, Garcia & Saldana to Learn More About Damages in McAllen Product Liability Cases
Mistakes can happen in any part of the manufacturing process, causing injuries even when using a product correctly. If you were injured in McAllen due to a defective product, contact our legal team to learn more about pursuing compensation for damages.
We could inform you about the product liability claims process and our services. Call Kinard, Garcia & Saldana today to schedule an initial consultation to discuss your case.