Can You Recover Emotional Damages from Product Liability?
Defective products can cause more than just physical harm—they can also lead to significant emotional distress. Whether it’s the trauma of a severe injury, the lasting anxiety of using similar products, or the psychological toll of permanent scarring, emotional suffering is a serious consequence of product defects. While compensation for medical expenses and lost wages is typical in product liability claims, recovering damages for emotional distress depends on the details of each case, including the nature of the injury and applicable legal standards.
Emotional Distress and Product Liability
The effects of a defective product extend beyond broken bones or burns. Many individuals suffer from anxiety, depression, or post-traumatic stress disorder (PTSD) after experiencing an injury caused by a malfunctioning item. These psychological effects can be life-altering. A person injured by a faulty medical device may develop an extreme fear of medical treatments, while a driver involved in an accident due to defective brakes may struggle with the ability to drive again.
Illinois law allows individuals to seek compensation for physical and emotional damages in product liability cases, but proving emotional distress can be more complex. Courts generally require a clear connection between the defect and the emotional harm suffered. Cases involving physical injuries often provide a more substantial basis for emotional distress claims, as pain and suffering contribute to psychological trauma. At Berardi and Associates, LLC, we help clients build strong cases to recover the full compensation they deserve.
When Can Emotional Distress Damages Be Recovered?
To recover emotional distress damages, a plaintiff must typically prove:
- The defective product caused an injury
- The emotional distress is severe and well-documented
- Medical evidence or expert testimony supports the claim
When a physical injury is present, courts are more likely to award compensation for emotional distress. For example, if a defective household appliance causes severe burns, the injured party may receive damages for physical and psychological pain.
Recovering damages without a physical injury is more challenging. Illinois law generally requires proof that emotional distress was extreme and directly resulted from the defendant’s negligence. In rare cases, courts may award compensation if the emotional distress stems from an egregious product defect or a near-miss accident that caused significant psychological harm.
Legal Challenges in Emotional Distress Claims
Successfully recovering emotional distress damages in product liability cases requires strong legal arguments. Courts often categorize these claims under:
- Negligent Infliction of Emotional Distress (NIED): Requires proof that the emotional harm resulted from the defendant’s negligence. If a defective car part causes a near-fatal accident, the court may award damages for emotional suffering.
- Intentional Infliction of Emotional Distress (IIED): Involves cases where a company’s reckless or deliberate actions caused severe emotional harm. This is more difficult to prove unless gross negligence is evident.
Each case presents unique challenges, making it essential to work with a Chicago real estate attorney who understands product liability claims and the evidence required to support an emotional distress claim.
Key Steps to Strengthen a Claim
If you are considering pursuing emotional distress damages in a product liability case, taking the proper legal steps can make a significant difference:
- Seek Medical Treatment – A diagnosis of PTSD, anxiety, or depression from a medical professional strengthens a claim.
- Gather Evidence – Medical records, expert opinions, and witness testimony can help prove the severity of emotional distress.
- Consult an Attorney – A Chicago business attorney can assess the case, gather supporting evidence, and determine the best strategy for pursuing compensation.
Berardi and Associates, LLC has extensive experience handling complex product liability claims. They ensure that clients receive legal support to manage these cases successfully.
Compensation for Emotional Distress
The amount of compensation for emotional distress depends on the severity of the psychological harm and its effect on daily life. Damages may cover therapy costs, lost wages due to emotional struggles, and pain and suffering. In some cases, punitive damages may also be awarded if the defendant’s actions were particularly reckless. A business attorney in Chicago can assess the specifics of your case and determine the best legal strategy for pursuing fair compensation.
Strengthening Your Legal Case with the Right Approach
Pursuing emotional distress damages in a product liability case requires a well-prepared legal strategy and strong supporting evidence. Having the proper legal representation can make a significant difference in securing fair compensation. Learn more about our legal services and how we can assist with product liability claims.
If you believe a defective product has caused emotional distress, contact us today to discuss your case. Berardi and Associates, LLC serves clients in Homer Glen and surrounding areas, ensuring they receive experienced legal advocacy in product liability cases.