Below are some frequently asked questions about defective products. For more information about this topic, please visit the Defective Products subsection under "Practice Areas."

• Who will pay my medical expenses?
• What claims do I have?
• What can I recover?
• Do I have to pay back my health insurance?
• Who pays for my wage loss?

Who will pay my medical expenses?

In Colorado, the at-fault party is ultimately responsible for paying your medical expenses. In other words, the manufacturer, designer or the retailer of the defective product will be responsible for your medical expenses. However, you only get to make one claim with the at-fault parties and their insurance companies, and therefore you may need help paying medical expenses before you make your claim. Typically, we will look to your health insurance to cover your medical expenses for any injuries you received as a result of a defective product. If there is no health insurance available to help cover your medical expenses, the attorneys at Bachus & Schanker, LLC will work with you to help you get the medical attention you need by working with health care professionals in your area to provide you medical care through an agreed upon "medical lien" against your future settlement.

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What claims do I have?

If you have been injured as a result of a defective product, you may have claims for negligence, negligent design, breach of warranty, and strict liability for selling a defective product.

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What can I recover?

If you have been injured as a result of a defective product you may be entitled to recover 1) economic damages, which include compensation for past and future medical expenses, past and future wage loss, impairment of earning capacity, and other out-of-pocket expenses; 2) non-economic damages, which include inconvenience, loss of quality of life, emotional distress, pain and suffering; and 3) physical impairment and disfigurement, which may include compensation for scars or physical disability as a result of the injuries you sustained in the accident.

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Do I have to pay back my health insurance?

If your health insurance has paid for medical treatment that you were forced to obtain as a result of injuries caused by a defective product, your health insurance company may have a right of subrogation or reimbursement. What this means is that if your health insurance pays for medical expenses you incurred as a result of someone else's negligent conduct, your health insurance company may have a right to get paid back for those expenses either from the at-fault party's insurance carrier or from any settlement you receive from the at-fault party. Before accepting any settlement from an at-fault driver or their insurance company, it is very important for one of the experienced attorneys at Bachus & Schanker, LLC to closely examine your health insurance policy to determine the extent to which your health insurance company has a right to get repaid.

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Who pays for my wage loss?

The at-fault party is responsible for paying for your wage loss. However, you only get to make one claim with the at-fault party's insurance company, and therefore you may need help with your lost wages before you make the claim against the at-fault party. At Bachus & Schanker, LLC, we will look at all applicable insurance policies to determine if you have any short-term disability insurance that may help with your wages temporarily until you are able to get back to work. It is important to document any time-off from work that you may have as a result of injuries sustained caused by a defective product.

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