How Are Damages Assessed in a Massachusetts Product Liability Case?
You may require compensation if you’ve recently sustained injuries due to a Massachusetts manufacturer’s negligence. For victims who choose to sue, it’s important to understand how damages are assessed so they can prepare for a potential recovery.
In Massachusetts product liability lawsuits, damages are assessed by analyzing the financial and emotional impact of a manufacturer’s negligence on a victim’s life. Victims can keep track of expenses and personal difficulties stemming from an accident to help their attorney better assess potential damages. Generally, victims recover more substantial damages in a trial, as there is the opportunity for punitive damages in addition to economic and non-economic damages. That said, your lawyer will use their experience and skill to help you determine whether to go to court or settle so that you can recover sufficient damages as soon as possible.
Our attorneys are here to help Massachusetts victims hold negligent manufacturers accountable. For a free case evaluation with the Boston product liability lawyers at the Law Office of John J. Sheehan, call today at (617) 925-6407.
What Damages Are Available in a Massachusetts Product Liability Case?
When Massachusetts victims file a product liability claim against a manufacturer, they can recover substantial damages in a lawsuit. Generally speaking, victims can recover both economic and non-economic damages in a lawsuit if they hire a skilled Massachusetts product liability lawyer to represent them. Recovering punitive damages is rare but possible when victims take a case to court.
Economic damages are relatively simple to assess. Doing so requires your attorney to compile documents relating to the financial impact a negligent manufacturer’s actions or a defective product has had on your life. Your attorney will calculate total lost wages, medical expenses, and any other costs you’ve incurred as a result of an accident.
Non-economic damages can be difficult to quantify, as they refer to the emotional impact a manufacturer’s negligence has had on a victim’s life. Generally, these damages attempt to compensate victims for pain and suffering. Suppose your Cambridge personal injury lawyer can prove that a defendant acted negligently and that a manufacturer’s negligence has impacted your happiness and mental health. In that case, you may be able to recover non-economic damages.
When assessing punitive damages, a judge or jury will analyze a defendant’s level of negligence. While punitive damages are rare, they may be considered by a judge or jury to deter other Massachusetts manufacturers from taking similar negligent actions in the future. Punitive damages are generally subjective, allowing Massachusetts judges and juries to award additional damages to plaintiffs in some cases.
What Information Can Help You Assess Potential Damages in a Massachusetts Product Liability Case?
To ensure that potential damages are assessed properly and that victims recover sufficient compensation in a product liability case, victims should do certain things. Compiling the necessary information can ultimately help your attorney better assess damages so that you know how much you can expect to recover in a Massachusetts product liability lawsuit.
Massachusetts victims should keep records that outline the emotional and financial impact a negligent manufacturer’s actions have had on their lives. For example, keep all medical bills and records illustrating necessary medical care and the cost. Take note of lost wages, too, as economic damages often compensate victims for such losses.
Although it can be difficult to quantify non-economic damages, your Wakefield personal injury lawyer can better do so if you keep a journal or speak to a therapist about the impact your injuries have had on your quality of life.
A thorough investigation into a negligent manufacturer’s actions can unearth information that better helps a judge or jury assess punitive damages. That’s why having an experienced attorney by your side is crucial. Your Massachusetts lawyer can help you keep track of important information that can allow a judge or jury to better assess potential damages in a lawsuit against a negligent manufacturer.
Will a Settlement or a Trial Result in Greater Damages for Massachusetts Victims?
Massachusetts victims may know that when they sue a negligent manufacturer for compensation, they’ll have two options: settle or go to trial. This is a big decision victim must make, as this choice may determine the damages you receive in a Massachusetts product liability lawsuit.
Generally speaking, a Massachusetts manufacturer will prefer to settle a case out of court, as the spotlight on its negligent actions can harm its reputation. That being said, settling a claim does not mean that a negligent manufacturer will offer sufficient damages to a victim. Powerful manufacturers may initially offer a settlement amount far less than what victims deserve. Massachusetts victims without an experienced attorney may accept a lowball settlement offer out of fear that they won’t have a chance of recovering more.
Suppose, during settlement negotiations, your attorney realizes the offered amount does not match up to their assessment of your required damages. In that case, they may encourage you to move forward with a trial.
Product liability trials generally result in greater damages to Massachusetts victims than settlements do. That’s because, during settlement negotiations, a defendant can negotiate with a plaintiff’s counsel. In a trial, defendants can’t negotiate with a judge or jury. Trials also provide the opportunity for potential punitive damages, whereas settlements do not. That said, there’s no guarantee that a trial will go in your favor. Your skilled Somerville personal injury lawyer will use their experience to help you decide whether to settle or bring your claim to the courtroom.
Call Our Massachusetts Lawyers About Your Product Liability Case Today
If you plan on suing a negligent Massachusetts manufacturer for compensation after an accident, our attorneys can help. For a free case evaluation with the Malden personal injury lawyers at the Law Office of John J. Sheehan, call today at (617) 925-6407.