If you’ve been injured because of a faulty product in Massachusetts, you might be able to file a product liability claim. This type of claim seeks to hold the manufacturer, distributor, or seller responsible for the harm caused by their defective product. A big part of these cases involves figuring out the “damages” – the monetary compensation you’re owed for your injuries and losses. In Massachusetts, there are several types of damages you can recover in a product liability case. These generally fall into two main categories: compensatory and punitive damages.
Compensatory Damages
Compensatory damages are intended to make you “whole” again, as much as possible, after suffering an injury. They aim to compensate you for the losses you’ve experienced because of the defective product. These are further divided into two subcategories: economic and non-economic damages.
Economic Damages (Special Damages)
These are the easily calculable, out-of-pocket expenses you’ve incurred. Think of things that come with a bill or a receipt. Examples include:
Medical Expenses: This covers everything from ambulance rides and hospital stays to doctor’s visits, physical therapy, medication, and any assistive devices you might need (like crutches or a wheelchair). It also includes future medical care if your injury requires ongoing treatment.
Lost Wages: If your injury forced you to miss work, you can be compensated for the income you lost. This includes not just your regular salary or hourly wages, but also things like lost bonuses, commissions, or even paid time off you had to use.
Lost Earning Capacity: Sometimes, a serious injury can prevent you from returning to your previous job or limit your ability to work in the future. If this happens, you can seek compensation for the difference between what you would have earned and what you are now able to earn.
Property Damage: If the defective product also damaged your property (for example, a faulty appliance that caused a fire in your home), you can be compensated for the cost of repairing or replacing the damaged items.
Non-Economic Damages (General Damages)
These are harder to put a dollar amount on because they represent the non-monetary impacts of your injury. They’re more about the personal suffering you’ve endured. Examples include:
Pain and Suffering: This is compensation for any discomfort or physical pain you’ve experienced due to the injury. It can be significant, especially in cases involving severe or long-lasting pain.
Emotional Distress: Serious injuries can take a toll on your mental health. You might experience anxiety, depression, fear, or other emotional problems. This type of damage compensates you for that emotional suffering.
Loss of Enjoyment of Life: If your injury prevents you from participating in activities you used to enjoy – hobbies, sports, spending time with loved ones – you can be compensated for this loss.
Loss of Consortium: This applies to the impact the injury has on your relationship with your spouse. It can compensate for the loss of companionship, affection, and intimacy.
Punitive Damages
Unlike compensatory damages, punitive damages aren’t meant to compensate you for your losses. Instead, they’re intended to punish the defendant (the manufacturer, distributor, or seller) for particularly bad behavior and to deter others from doing the same.
In Massachusetts, punitive damages are only awarded in cases where the defendant’s conduct was grossly negligent or showed a willful, wanton, or reckless disregard for the safety of others. They’re relatively rare in product liability cases, but they can be significant when awarded.
Dealing with a product liability case can be complex, especially when trying to calculate the full extent of your damages. An experienced personal injury attorney can help you navigate the legal process, gather the necessary evidence, and fight for the compensation you deserve.
If you’ve been injured by a defective product in Massachusetts, don’t hesitate to reach out to Mass Injury Group.
Call now for a free consultation on (617) 263-0860.
Or visit our office at 15 Broad St #800 Boston, MA 02109.