Every time you purchase and use a product for your home, you trust that it will not only work as intended but also do so safely. The unfortunate reality is that many of the products on the market are unreasonably dangerous, to the point that they could cause life-altering injuries.
If you have been hurt due to a defect, a Lafayette product liability lawyer is here to help. You deserve justice, and the team at Tomeny | Best is ready to help you get it. Reach out to our skilled injury attorneys as soon as possible to discuss your options.
Who Is to Blame for a Product Defect?
Identifying the parties responsible for a defective product can be complicated. While the identity of the manufacturer is probably clear, there are other entities that might ultimately be on the hook for your damages.
That said, manufacturers are the most likely defendants in a product liability case. They have an obligation to not only manufacture a safe product but also include instructions ensuring the public understands how to use it safely. When they fail in this duty, these companies could be on the hook for damages.
Defects can occur after goods are no longer in the possession of the manufacturer. In these scenarios, you might have a winning case for compensation against distributors, wholesalers, or even retailers who are responsible for your injuries. Our Lafayette product liability attorneys will thoroughly investigate your claim to determine who was at fault.
Damages in a Product Liability Case
If you’ve been injured by a defective product, you may be entitled to compensation through a personal injury claim. Under State law, compensation in these cases is typically divided into two broad categories: special and general damages. Our Lafayette product liability attorneys could help you pursue both kinds of damages.
Special damages refer to losses that can be measured with documentation or records, representing your out-of-pocket expenses, like your medical bills. General damages, on the other hand, are more subjective and relate to the personal and emotional impact of the injury. The most common examples of general damages include your pain and suffering. Your case could be made up of some or all of the following kinds of damages, each of which falls into one of those two categories:
Medical Bills
You may be able to recover the full cost of medical treatment related to your injuries. This includes emergency room visits, hospital stays, surgeries, rehabilitation, physical therapy, and any long-term care you may require. Prescription medications and medical equipment may also be included.
Lost Wages
If your injury caused you to miss work, you may seek compensation for the income you lost during your recovery. Your attorney could use documents like your pay stubs and tax returns to establish the extent of your lost wages.
Pain and Suffering
Injuries caused by defective products often lead to significant physical pain and emotional distress. Compensation for pain and suffering aims to address these general damages, which can affect your quality of life and ability to enjoy daily activities.
Diminished Future Earnings
If your injury results in a long-term disability or limits your ability to work in the future, you may be able to claim damages for reduced earning capacity. This calculation often requires expert testimony to estimate how your career trajectory and income potential have been impacted.
Timing Matters in Product Liability Cases
It is important to act within the time limits set by Louisiana law. For injuries occurring on or after July 1, 2024, personal injury claims, including those involving defective products, are generally subject to a two-year prescriptive period under Louisiana Civil Code article 3493.1. Failing to file within this period may prevent you from recovering compensation.
Talk to a Product Liability Attorney in Lafayette Today
Instead of trying to resolve a defective product injury case on your own, let the team at Tomeny | Best help. Our Lafayette product liability lawyers can answer your questions and advise you on how best to move forward with your claim.