Personal Injury · Products Liability
Damages: What You May Be Able to Recover After a Product Injury
Damages are the money the law allows to make up for harm. The question is not only what a defective product cost you today. It is what it has cost and will cost you across your life.
What the jury is told
Instruction 501.1(b) sets the goal:
"you should determine and write on the verdict form, in dollars, the total amount of [loss] [injury] [or] [damage] which the greater weight of the evidence shows will fairly and adequately compensate [him] [her] for [his] [her] [loss] [injury] [or] [damage], including any damages that (claimant) is reasonably certain to incur or experience in the future." Fla. Std. Jury Instr. (Civ.) 501.1(b).
Medical expenses
Instruction 501.2(b) covers:
"The reasonable [value] [or] [expense] of [hospitalization and] medical [and nursing] care and treatment necessarily or reasonably obtained by (claimant) in the past [or to be so obtained in the future]." Fla. Std. Jury Instr. (Civ.) 501.2(b).
Products injuries can be severe: burns, fractures, amputations, scarring, brain injuries. Future care can be large. Florida has a statute that governs what evidence of medical expenses the jury may hear, section 768.0427, Florida Statutes.
Lost income
The jury can consider lost earnings in the past, and loss of the ability to earn in the future. Instruction 501.2(c) addresses it. A product injury that ends a career can carry the largest economic loss in the case.
Pain and suffering
Instruction 501.2(a):
"Any bodily injury sustained by (name) and any resulting pain and suffering [disability or physical impairment] [disfigurement] [mental anguish] [inconvenience] [or] [loss of capacity for the enjoyment of life] experienced in the past [or to be experienced in the future]. There is no exact standard for measuring such damage. The amount should be fair and just in the light of the evidence." Fla. Std. Jury Instr. (Civ.) 501.2(a).
Disfigurement and loss of enjoyment of life are named in the instruction. For many product victims, those are the heart of the case.
A family member's losses
A spouse may recover for loss of "services, comfort, society and attentions" (501.2(d)). Parents may recover certain losses tied to an injured child (501.2(e)). See our page on personal injury damages.
Property damage
If the product damaged your home, vehicle, or other property, those losses can be part of the claim.
When the product caused a death
A family may bring a wrongful death claim, with its own categories of damages for survivors and the estate. See our page on wrongful death damages.
Punitive damages
Punitive damages are different. They are not meant to repair harm. They punish especially bad conduct, such as a company that knew about a deadly hazard and chose not to act. Florida puts them behind a gate and requires clear and convincing evidence. Section 768.72, Florida Statutes. See our page on punitive damages.
They are rare. We will not promise them.
Your own fault can reduce the award
If the jury finds you partly at fault, the judge reduces the award by your share. The jury does not do that math. Instruction 501.4 tells the jury: "In determining the total amount of damages, you should not make any reduction because of the negligence, if any, of (claimant) or (defendant(s)). The court in entering judgment will make any appropriate reduction(s)." Fla. Std. Jury Instr. (Civ.) 501.4. See defenses.
Crashworthiness: "greater injuries"
Some vehicle cases claim that a defect made the injuries worse than they would have been. The summary instruction describes such a claim as one that the injured person "sustained greater injuries than what [he] [she] would have sustained in the (describe accident) if the (describe product) had not been defective." Fla. Std. Jury Instr. (Civ.) 403.2.
What you need to show
- The product injury and its medical cost.
- Lost income and the effect on your ability to work.
- How the injury changed your daily life.
- Future care your doctors say is reasonably certain.
What to do now
- Keep every medical record and bill.
- Keep pay stubs and tax records.
- Keep a daily note of pain, limits, and missed events.
- Photograph injuries as they change.
- Do not accept a quick check from an insurer before you know the full picture.
Talk to us
Free consultation. Call (305) 209-0384. Answered 24/7. Se habla español.
This page is general information, not legal advice. Every case is different, and nothing here is a promise of any outcome.