What Damages Can I Recover in a Product Liability Case?

If you or a loved one were harmed due to a defective product, and you choose to file a product liability case in Illinois, then you should speak with a defective product attorney about the injuries and losses you may pursue compensation for. You may have the right to seek compensation for several kinds of damages, depending on your circumstances.

  • Monetary Damages: One portion of compensatory damages are your costs and economic losses. Our experienced attorneys at Staver Accident Injury Lawyers P.C. will fight for you to receive compensation for your past, current, and future medical expenses, lost wages, and when appropriate, your reduced earning capacity. These damages can be calculated based on your bills and records, though if you are seeking compensation for future expenses or losses, we may work with one or more economic experts.
  • Non-Economic Damages: Not all of your injuries are financial in nature. You may be entitled to compensation for non-economic harm, such as your pain and suffering, emotional distress, a disfigurement or disability, and the loss of normal life or enjoyment of life. The value of these damages cannot be based off a bill or pay stub. Our attorneys will determine the most appropriate method of calculating your non-economic damages, which may be the use of a per diem amount of it may be a multiplier of your economic damages.

When you pursue compensation for a defective product, you will file a product liability lawsuit. However, the goal may not be to argue your case at trial. Instead, your product liability attorney may pursue a settlement from the business’s product liability insurance. Manufacturers, retailers, and other businesses will have insurance coverage that may be cover injuries associated with defective products. In this case, our negotiation skills and experience are essential to pursuing a full and fair settlement.


Product Liability Defenses

There are many reasons why a manufacturer or retailer of a product might not be liable for your injuries or at least claim they are not responsible. Common defenses manufacturers and retailers use to avoid liability include:

  • Misuse: If there is evidence you used the product in a way it was not intended to be used and this created the danger that led to your injuries, then a manufacturer may defeat a product liability claim.
  • Contributory Negligence: Even if you did not misuse the product, the manufacturer may argue that you were also negligent, and your own negligence contributed to your injuries. In Illinois, a comparative negligence claim may not defeat your allegations. However, it can impact whether you receive compensation, and if so, how much. If you are found to be more than 50 percent at fault for the accident, then you are barred from receiving compensation. If you are less than half at fault, you may recover compensation, but it will be reduced by your percentage of fault.
  • Assumption of Risk: A manufacturer may establish that you assumed the risk associated with using a certain product. There may be evidence you signed a waiver or acknowledged a waiver when you purchased a ticket to utilize a certain product, such as a ticket to a theme park or sporting event.
  • Product Recalls: If the product that led to your injuries was recalled, but you did not address the recall, the manufacture can claim it is not responsible for your injuries. They may argue you should have known about the recall based on information they provided to consumers, public announcements, and/or from the Consumer Product Safety Commission, which publishes product recall information.

If you believe you have a product liability claim, but you are concerned about how a manufacturer or seller may try to defend itself, call our Springfield product liability lawyers right away. We have seen businesses conduct all sorts of a maneuvers to avoid liability and we will be aggressive in anticipating and overcoming these defenses.


Product Liability Statute of Limitations

At Staver Accident Injury Lawyers, P.C., we are often asked “how long do I have to file a defective product lawsuit?” For a lawsuit based on personal injuries, you have two years from the date of your injury or the date in which you discovered or reasonably should have discovered the legal claim. However, if you discovered that your injury was connected to a defective product more than two years after the incident, then you need to speak with an attorney about the statute of repose. Under Illinois law, you must bring a lawsuit within:

  • 12 years from the date the defective product was sold, leased, or delivered by the seller.
  • 10 years from the date the defective product was first sold, leased, or delivered to its initial user, consumer, or non-seller.
  • 10 years from the date the product was modified, if you claim your injury was the result of the modification.


Contact Our Product Liability Law Firm

If you were injured while using a product, and you believe the product was dangerous, do not hesitate to call Staver Accident Injury Lawyers, P.C. to discuss filing a defective product lawsuit. We will thoroughly examine your circumstances and advise you of your options. If we believe you have a valid product liability claim, we will represent you in litigation and pursue a settlement through the defendant’s insurance. Our goal will be to obtain you the best possible settlement or court ruling for your circumstances.

To learn more about Illinois product liability law, contact us through our online contact form or call (217) 528-9955 to schedule a free consultation.