Product Liability Lost Wages

Defective products can look safe and modern but fail when they are most needed.

If you have been injured by a defective or poorly-designed product, you could be entitled to significant compensation. However, no two cases are exactly the same. Proving that your brakes malfunctioned, for instance, requires a different type and range of evidence than establishing that a retailer misrepresented a warranty. No matter the circumstances, though, serious accidents can have serious consequences, often leaving victims short on savings and unable to work.

You do not have to pay the price for an accident that was not your fault.

By filing a product liability lawsuit, you could recover your lost wages, along with any other expenses you have incurred, or might incur, as a result of your injuries.

The First Step To Recovering Lost Income

The first step toward recovering lost income is building a strong case. You do not need an attorney to get started. Since every lawsuit comes down to damages, you will need evidence showing that:

1. You purchased a product;
2. You used the product as it was intended to be used;
3. The product was in some way defective;
4. The defect was the direct cause of your injuries; and
5. You sustained damages as a result of your accident.

Damages come in many forms, but you can get an early start on evidence by keeping any documentation you have before scheduling a free consultation with a product liability lawyer. Evidence could include:

1. Pictures of your physical injuries;
2. Photographs of the accident or defective product;
3. The names and contact information of eyewitnesses;
4. Hospital bills and other receipts for out-of-pocket expenses; and
5. Referrals for specialist treatment, like physical therapy or elective surgery.

If your injuries are severe and you do not think you will be able to return to work for several days, weeks, or months, assess the impact on your income.

Assessing Your Outstanding And Anticipated Losses

Your product liability lawyer will work with you to better understand your personal, professional, and financial circumstances, using this information to make a preliminary determination on the amount of compensation you will need to start building back.

As a general rule, lost income for salaried and hourly employees is calculated using a simple multiplier: the number of days that you missed work due to an accident-related injury times the amount of money you would have otherwise earned.

You can typically meet the requirements needed to establish your physical injuries and prove pre-accident income with:

1. Pay stubs;
2. Bank statements showing self-employment income;
3. Testimony from your doctor or another medical expert familiar with your income and the length of time it will probably take you to recover and return to work; and
4. Testimony from a specially-trained economist, who can determine how a prolonged absence from the workforce could affect your career and earning potential.

You can also request damages if your recovery will be protracted or if you do not expect to ever return to the workforce. Calculating anticipated losses is comparatively difficult, because nobody can know for certain what you might have done if you had never been injured. Your compensation could depend on:

1. Your age;
2. Your occupation;
3. Your current level of education;
4. Your professional skills and personal talents; and
5. Your expected career trajectory, including promotions you would have likely been eligible for and raises a worker in your position could have expected to receive later in their career.

Since our founding in 2005, the Dietrich Law Firm P.C. has helped clients in Buffalo, Niagara Falls, and throughout Upstate New York build back better after an accident. We could help you, too. Call us today at 1-866-529-5334 to speak to a personal injury lawyer and schedule your risk-free, no-obligation consultation.