A product failing its purpose and leaving you with a sour taste in your mouth can be upsetting. Even more upsetting is getting severely injured by that same product. Many times a year, people are injured by defective products that did not work properly. While no injury caused by a defective product is anything to take lightly, some injuries require serious medical attention. Severe burns, deep cuts, fractured bones, and other types of serious injuries can happen if a product does not work properly.
The manufacturer of these products can be held liable for their negligence in the design or manufacture of the product. It is possible that the conduct of the manufacturer was so outrageous that it amounts to malice, gross negligence, or even fraud. If so, the Court may allow you to ask for punitive damages against the company, in addition to compensatory damages. Punitive damages are meant to punish the wrongdoer and to deter the company from similar conduct in the future. If you have severe injuries due to a defective product, reaching out to a defective products lawyer is advisable so that he may evaluate whether your case is appropriate for punitive damages.
What Determines if Punitive Damages are Right for My Case?
To determine if punitive damages may be right for your case, the court and jury must look at the conduct of the company and determine if it acted with malice or gross negligence. This is a higher standard than just ordinary negligence and must be proved by clear and convincing evidence. For example, if it is very obvious that a manufacturer blatantly ignored safety protocols and had been doing this on a number of occasions in the past, the court may allow punitive damages to be considered by a jury to deter the company from continuing the same conduct in the future.
What May I Be Entitled To if Punitive Damages are Awarded to Me?
Unlike compensatory damages, such as reimbursement for lost wages and medical bills, punitive damages are meant to punish the company and deter it from similar conduct in the future. It is much like a penalty or fine in a criminal case. What is an appropriate amount is highly variable and very subjective for a jury to determine. How much money damages are enough to keep the company from continuing the same conduct in the future is often the question to be answered by the jury. Having a reliable product liability lawyer can help you maximize the damages (both compensatory and punitive) in your case.
Do I Need an Experienced Lawyer to Get the Opportunity for Punitive Damages?
To have a chance at punitive damages in your case, you may want to contact an experienced law firm like Barry Deacon Law. With years of product liability cases under their belts, Barry Deacon Law strives to get the best results for their clients. You are no exception. Get in touch with Barry Deacon Law today.