Recovering Damages from Products Liability Lawsuits
Ours is a consumer-oriented society; we buy new products daily. Every time we purchase a car or household appliance, we expect that it will be safe in its design and operation. Unfortunately, products do not always operate properly — and when that happens, they can injure unsuspecting consumers. If you were injured by a defective product, you may be able to collect damages for your injuries.
Products liability defined
Products liability is the area of personal injury law where retailers, distributors, suppliers and others who are part of the chain of delivery of products to the public are held responsible for injuries caused by those products. The Oklahoma statute of limitations prescribes a limit of two years from the date of discovering your injury for filing a products liability lawsuit.
Types of damages
Whether your products liability lawsuit is settled out of court or proceeds to a full trial, one of the most important steps in the process is formulating your claim for damages. Title 23 of the Oklahoma Statutes provides for the following damages in an Oklahoma products liability lawsuit:
- Medical bills, both past and future
- Rehabilitation expenses
- Lost income
- Other lost earnings
- Pain and suffering
- Punitive damages
To support any claim for damages, you’ll need to supply medical records, pay stubs and expert testimony.
What exactly is pain and suffering?
The severity of pain from a physical injury and the torment caused by the mental anguish of experiencing a physical injury may be recoverable under pain and suffering damages. Damages for pain and suffering include financial recovery for physical injuries, mental suffering, and their future repercussions. When calculating recovery under pain and suffering, future surgeries, permanent injuries, and future loss of earnings are considered.
Products liability lawsuits involve extensive time and effort to develop the legal theories and evidence to support your claim. If you were injured by a defective product, contact a Tulsa products liability attorney for a free consultation.