Recovering Money and Compensation
You are entitled to be compensated and recover money in damages if you have been hurt or injured in any accident or by the usage of any defective consumer products. What you stand to recover and how much money can be claimed as compensation depends on the type and the degree of damages you have suffered due to the injury- both prior to and after the episode has taken place.
The following is a list of all the different types of compensation that a person is entitled to in a personal injury and product liability case. Read up on the entire list to get an idea of all that you may be able to recover as compensation according to your individual state laws.
- General Damages: This type of compensation is for any physical or emotional pain, or due to decreased enjoyment of life as a direct result of the injury caused by the defective product.
- Decrease in Earning Ability: If the victim of a personal injury can prove that their ability to earn wages has decreased or been lost completely due to their injuries, then they are entitled to damages under this category of legal compensation. The amount of money recovered will depend on the past earnings of the victim as well as taking into account how much money they could have reasonably made were they not injured.
- Future Medical Costs: This type of compensation is available if you can prove that you will be incurring repeated medical costs in the future because of the injuries caused by the defective goods.
- Lost Wages: The amount of this compensation is determined by what the injured would have earned from the time they were injured till the time of settlement. Even if someone who is injured is unemployed, they may recover some money under this category if they can prove that they could have earned money had they not been injured.
- Disfigurement: If any injury has left the injured person with any scars or other visible forms of injury, then they can claim damages for the anguish that their disfigurement or deformity has caused them.
- Cost of Help around the House: If the victim of any injury has had to hire somebody to provide household services, then they can receive compensation of such costs. But they have to prove that had they not been injured they would not need to hire outside help.
- Loss of Consortium: Loss of benefits of marriage such as affection, companionship, solace, sexual relations etc between spouses can be a basis for compensation in a personal injury case. Usually the spouse who is not injured makes such claims but the injured spouse can also make claims for compensation due to loss of such marriage related benefits. The amount of the damages depends on the relationship between the married people and to what extent it was affected by the injury.
- Loss of Association with Children: Parents of children can claim compensation if the injury caused to their child has affected their relationship and their normal parent child activities have suffered.
- Permanent Disability: If the injury caused by any defective product has resulted in any kind of permanent injury or disability, then the plaintiff (injured party) can claim money as compensation under this category.
- Suffering and Pain: This type of compensation is given for past or future suffering or pain that the injured may have to experience due to their injuries. To determine a monetary value associated with suffering and pain, a jury considers the type of suffering, the degree of the pain, the possibilities of any future pain, and the length of time that the injured is likely to suffer the pain.
As an injury victim, it is best to consult an attorney to determine what type of compensation you are entitled to so that you can receive the maximum amount of money as damages.
