Realizing that your favorite hair product has given you a life-threatening disease can be devastating. But U.S. laws allow you to file a chemical hair straightener lawsuit to receive compensation.
Damages refer to the financial remedy that you can request the courts to award you for the ordeal you’ve been through because of those at fault. Upon winning the lawsuit, there are various forms of damages you can claim.
Read the details about the damages one can recover in a hair straightener lawsuit.
When Are You Eligible to Claim Damages?
Ever since the first lawsuit against hair relaxer manufacturers in 2022, more and more victims of hair products have emerged. And it’s not only hair relaxers that these people have been affected by. Other products like permanent hair dyes, hair straighteners, and more are also named.
It’s not just a single health issue that these hair products have caused, either. Other deadly illnesses associated with them include various forms of cancer, thyroid issues, hormonal imbalances, etc.
Before claiming damages, one has to be eligible to apply for the lawsuit first. The attorneys hired by plaintiffs across the U.S. are helping them build a case so that the cause of their illness can be linked to hair products. This is a basic criterion.
But how does one link hair straighteners with the cancer they have caused? Attorneys of TorHoerman Law, LLC mention a few steps that will come in handy when filing a hair straightener cancer lawsuit. These include gathering evidence of your condition, assessing the injuries the hair products have caused, and determining the liability of the manufacturers.
If these concepts are foreign, then you must seek professional legal representation. Know that only being eligible for the damages won’t guarantee you’re going to get them unless you file a lawsuit and win it. This is, of course, a possibility when your attorney guides and helps you in the litigation.
Types of Damages You Can Claim in A Chemical Hair Straightener Lawsuit
The nature of the lawsuit allows it to be classified both under personal injury and product liability. Either way, there is no fixed monetary value that all plaintiffs may enjoy, so it can be difficult to define damages accurately.
Throughout numerous trials, exact damages will be determined by the nature of one’s injuries and how effectively they can prove the defendant’s fault. Here are the common types of damages one can claim in chemical hair straightener lawsuit:
Compensatory damages refer to the compensation offered to you directly to reimburse the economical losses you have suffered. This would include the costs incurred in the treatment of your illness, the wages missed as a result of your condition, and so on.
The aim of such damages is not to punish the defendant but to restore you to a former state before you were diagnosed with any illness. Compensatory damages are usually easy to determine because the extent of the losses is apparent. When your lawsuit against hair straightener manufacturers reaches its finale, you’ll know the exact amount.
Next are general damages that would be additionally paid to compensate for the non-economical losses you may have suffered for using hair straightening products. This includes pain and suffering, emotional trauma, loss of consortium, not being able to enjoy life, and so on.
As you may realize, each of these can be different for every plaintiff, so there is no fixed monetary value that can be placed on them. The process is difficult, although courts have their methods of assessing the injury caused, and hence determine general damages. The same will be applied to the chemical hair straightener lawsuit.
Other forms of damages may be involved in the lawsuit if the court deems so fit.
Punitive damages, for instance, may be awarded to the plaintiffs to punish the defendants for their wrongdoing. This has nothing to do with the compensatory damage and is calculated separately.
There is no way to tell at this point whether the punitive damages will be awarded in the chemical hair straightener lawsuit. However, you can be certain about general and compensatory damages, given you build and represent a solid case.
Damages Don’t Cure Cancer But Can Be Helpful Otherwise
Depending on the severity of your injuries and how things go in court, you can come out of the chemical hair straightener lawsuit with a monetary remedy. This will help you bear the financial burden at least.
The lawsuit has upgraded to multidistrict litigation (MDL) recently, which is good news for the victims. However, the fight is long, and you will need the help of your lawyer at every step.