Defective Product Lawsuits FAQ

Below are some frequently asked questions about defective product lawsuits. Additional information on this topic can be viewed by accessing the Defective Products summary under the “Practice Areas” tab.

Who Will Pay My Medical Expenses?

Under Colorado law, the at-fault party must pay your medical expenses. In a defective products case, the at-fault party may include the manufacturer, designer, and/or retailer of the product. Because a lawsuit to recover compensation for your medical bills may take time, your health insurance carrier may cover medical expenses related to the defective product while you await the resolution of your case. If you do not have health insurance, Larson Larimer Schneider, P.C. may be able to assist you in securing medical financing so that you can obtain the medical care that you need. Please visit our Medical and Legal Funding page for more information on how our firm can help with this process.

What Claims Can I File?

If you have suffered an injury as a result of a defective product, you may be able to file claims for negligence, negligent design, breach of express or implied warranty, and strict products liability.

What Damages May I Be Able to Recover?

In defective products cases, plaintiffs generally may be able to recover damages for economic loss, non-economic loss, and physical impairment. Economic damages include compensation for past medical expenses resulting from the defendant’s negligence, future medical expenses, past and future lost wages, impaired earning capacity, and related out-of-pocket expenses. Non-economic damages on the other hand are intended to compensate the injured party for pain and suffering, loss of enjoyment of life, inconveniences associated with the incident in question, and emotional distress. Compensation for physical impairment and disfigurement may be awarded for physical disabilities, scars, loss of limb, burns, etc.

Does My Health Insurance Have a Right to Reimbursement?

If your health insurance company has covered any of the costs of treatment associated with your injury, it will likely have a right to reimbursement under the terms of your insurance policy. Many health insurance providers have subrogation rights, or rights to pursue third parties who cause loss to their insured for which the health insurance company has paid. Generally, medical expenses incurred as a result of a defective product and paid for by your insurance carrier will be reimbursed by the at-fault party’s insurance provider or from any settlement recovered from the at-fault individual.