As Florida injury attorneys, our work begins by determining the type of defective products or products liability case you may have. This is accomplished by applying the facts of your case to Florida law. Depending on the nature of your case, our injury lawyers may determine that your case falls within one or more of the following three categories:

Once your type of defective products case has been identified, our injury lawyers must then determine if Florida or Federal law supports a claim against the manufacturer, seller, or user of the defective product that injured you. Identifying the right defendant or combination of defendants is extremely important.

Next, we must determine which theory of liability applies to your case. Under Florida Law, there are five different theories of liability that an injury lawyer may use in a defective products case. They are:

Once your defective products attorney has determined which theory (or theories) of liability apply to your case, he/she must analyze the nature of your injuries. The more serious your injuries are, the greater of an award you may be entitled to. The following list contains some of the most common injuries litigated in products liability cases (this list is not comprehensive and is not in any particular order):

When a person sustains an injury from a defective product, whether that product is a machine, a pharmaceutical product, or a component part, he/she may be entitled to monetary compensation for medical expenses and pain and suffering. This may also include compensation for emotional trauma and psychiatric injuries, such as post-traumatic stress disorder (PTSD) or other mentally disabling conditions.

An injured person may also be entitled to compensation for economic damages, such as lost income or reduced earning capacity. For example, if you were a craftsman and you sustained a disabling injury to your hands, you may be entitled to the difference between what you used to earn before your injury and what you capable of earning now, if anything. In fact, this entitlement may extend to every remaining year you would have worked, but for this injury.

Additionally, the family members of an injured or deceased person may also be entitled to compensation, not only on behalf of a deceased or incapacitated person, but for their own losses as well. For example, the spouse of a disabled person may obtain compensation for loss of consortium (sexual intimacy). An products liability attorney must thoroughly analyze your case to determine if punitive damages are also applicable.

Once all of these steps have been completed, a defective products lawyer will have a much clearer and informed understanding of your case. Any legal strategy employed must include a realistic assessment of all strengths and weaknesses present in your case in the context of the applicable Florida and/or Federal laws.

Additional Information

• Analyzing Negligence and the Extent of Injury