What is the Value of a Product Liability Claim in Utah?
Legal Disclaimer: The following values are based on prior cases and should not be interpreted to imply or guarantee that your personal injury claim or lawsuit will have a similar resolution. The circumstances of every accident and the resulting injuries are very different, and only after reviewing your matter in a detailed legal consultation can an attorney give legal guidance. Moreover, a jury will determine the final value of your case.
If you, your child, or your spouse was injured after using a defective product in Utah, you may be able to get compensated by filing a product liability claim with help from an experienced personal injury attorney. Call the law offices of Overson Law at (801) 895-3143 right away to set up a free legal consultation.
How Much Compensation Can You Get from a Product Liability Lawsuit or Settlement?
Most people use hundreds if not thousands of products every day. From the food you eat for breakfast, to the car you drive to work, to the appliances you use throughout the day, to the mattress you sleep on at night, products of all kinds play a huge role in every waking moment of our lives.
While most products are carefully designed and undergo rigorous safety testing, some manufacturers try to cut corners before, during, or after production, placing dangerous goods into the hands of unknowing consumers and their families.
When a person gets injured by an unsafe product, such as a toy, a prescription medication, or a vehicle, he or she may be entitled to compensation from the parties who were responsible for the defect. Depending on the situation, liability for a product-related injury could extend to the item’s manufacturer, retailer, designer, or other parties.
It may be possible to negotiate a settlement with the liable party or parties, but if the settlement offer is unreasonable, or if the manufacturer refuses to settle, our tough trial attorneys are more than prepared to bring your case to court. We will aggressively pursue the legal strategy that is most likely to yield a favorable outcome, always keeping you fully informed of your options from the very start of your case.
People who were injured by dangerous products in Utah may be able to recover compensation for a variety of costs and losses, including costs and losses which are expected in the future. Types of compensation (“damages”) that may be available to an injury victim in Utah include:
- Punitive Damages – Meant to punish the defendant and prevent future occurrences of the same conduct. Punitive damages are awarded only in cases where there is “clear and convincing evidence that the acts [of the party at fault] are the result of willful and malicious or intentionally fraudulent conduct,” or, alternately, “conduct that manifests a knowing and reckless indifference toward, and a disregard of, the rights of others.”
- Compensatory Damages – Meant to restore the victim, to the greatest extent possible, to his or her status before the accident. There are two types of compensatory damages:
- Economic (“Special”) Damages – Meant to provide compensation strictly for expenses and financial losses, such as:
- Home Care
- Lost Benefits
- Lost Earnings/Wages/Income
- Medical Scans
- Physical Therapy
- Non-Economic (“General”) Damages – Meant to provide compensation for types of harm that are not financial, such as:
- Emotional/Psychological Distress
- Loss of Consortium (Loss of Marriage)
- Pain and Suffering
- Scarring and Disfigurement
What Factors Determine the Worth of My Product Liability Case?
Some states place caps on how much compensation is available to injury victims, but Utah is not among them. The worth of your product liability lawsuit, or the amount you may receive from a settlement, depends on numerous factors, including but not limited to the following:
- The permanence and severity of your injuries.
- The extent to which your ability to earn money in the future will be affected by your injuries.
- The extent to which your injuries have altered your appearance.
- Your medical costs, including estimated costs of future care.
- Whether you need to alter your residence to accommodate your injury (e.g. constructing a ramp for wheelchair accessibility after becoming paralyzed).
- The extent to which the injury impacted your marriage, where applicable.
- The strength of the evidence supporting your claim.
Utah settlements and jury-awarded verdicts resulting from product liability cases can range very broadly. Some cases are worth tens of thousands of dollars, while others are worth millions. It depends on the factors listed above, which is one of the reasons it is so important to consult with an attorney.
Utah Personal Injury Lawyers Handling Defective Product Claims in Salt Lake City
Because product liability lawsuits involve many complex components – and because manufacturers defend themselves with large teams of highly experienced attorneys – it is absolutely crucial that you are represented by a skilled and knowledgeable lawyer when approaching a settlement negotiation or lawsuit.
For over 33 years, product liability lawyer Darwin Overson has devoted his legal career to representing injury victims in Utah. Darwin operates on the firm belief that manufacturers and retailers should be held accountable when they prioritize their profits over the safety of the customers who trust them. If you or one of your family members got hurt from using a defective product, rely on Darwin to provide aggressive legal support and stand up to big business on your behalf.
Don’t wait to start discussing your family’s legal options in a free and confidential legal consultation. To find out whether you could have a product liability claim in Utah, call the law offices of Overson Law at (801) 895-3143. Darwin handles personal injury claims in Salt Lake County, Weber County, Davis County, Rich County, Cache County, Tooele County, Summit County, Box Elder County, and throughout the state of Utah.