Every year, thousands of people are injured from defective and dangerous products and chose to hold the manufacturer liable for the injuries in a defective product lawsuit under product liability law. Although these defective product lawsuits are also personal injury lawsuits, they can be more complex. If you are injured by a defective product, it is critical that you speak to a lawyer that has experience in product liability laws.
As an injured person, you have the option to file a defective product claim to recover compensation for your injuries. Knowing the typical process to file a defective product claim and the standard stages can protect you during this critical time.
What is a Defective Product?
Any product that malfunctions, while being used for the purpose it is intended, is considered a defective product. If using the defective product results in a consumer injury, the product is considered unreasonably dangerous.
Defective product lawsuits are brought under state laws, and depending on the state, a defective product lawsuit may allege negligence, strict liability or a breach of warranty as to the defective product.
It is important to note that you are not limited to file a claim against a single individual or company that is liable for your injuries. Multiple parties could be at fault for your injuries, you can take legal action against any of them.
How Do I Prepare for Product Liability Claim?
When preparing for a product liability claim, you may wish to save the product, as this will likely be used as evidence in court. Save the packaging and instructions of the product if possible. This can also be used as evidence, such as for proving a warning defect. Retain your receipts, since you usually have to purchase a product in order to recover damages due to product liability.
You may also wish to begin compiling medical records or receipts if you have been seriously injured. These may be necessary when calculating damages. Lastly, you can also check online listings for product recalls or dangerous product listings, to see if your product is listed as a dangerous product. You may also wish to begin anticipating any defenses to product liability.
Gather Evidence
In order to determine who is liable and to make an argument for why the product is defective, gather all the information for your product liability attorneys.
Write down as many details about the incident that you can remember, including:
- The date and location of purchase The product and the price paid for it How the injury happened and the location Why you believe the product is defective The damages or injuries sustained from the product
File a Claim
Filing a claim for the possible recovery of damages can be very complex without legal help. This is why most injured parties turn to the assistance of an experienced product liability lawyer. An attorney can represent the rights of the victim through the entire case. Whether filing on your own or with the help of a lawyer, it is your job to demonstrate that the product is defective and that your injuries were caused by the defective nature of that product.
During this time, it’s important to stay current up to date on medical appointments and to continue taking notes about your doctor’s insights into your case. Cases can range anywhere from a few weeks to several months or more before reaching a settlement or a trial outcome.
Discuss Settlement
It is possible that if you previously communicated with the company or filed the legal claim directly, the manufacturer might offer you a settlement. Many companies acknowledge the uncertainty of following a claim through the legal system and prefer to negotiate outside of court.
Many product liability claims are settled out of court, but even then, you should always work with an attorney who has an extensive understanding of the trial process. That way, if settlement negotiations are unsuccessful, your lawyer can continue to represent your interests in the trial.
A judge or jury will evaluate the evidence presented and make a decision about your claim if you cannot settle with the company directly.
Though the legal system and will instead try to negotiate outside of court.
Many product liability claims are settled out of court, but you should always work with an attorney who has an extensive understanding of the trial process as well. If settlement negotiations are unsuccessful, your lawyer can continue to represent your interests in the trial.
A judge or jury will evaluate the evidence presented and make a decision about your claim if you cannot settle with the company directly.
Sitting down with a lawyer could help you prepare for what to expect and to assist you with deciding whether or not to accept a settlement. As a defective product victim, you have enough to worry about, and handing off your case to an attorney empowers you to have the best possible chance for your physical recovery. Contact a lawyer today to learn more.
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At Bluestein Attorneys, we've worked with many personal injury clients out of our offices in Columbia, South Carolina. We'd be happy to sit down with you to discuss your unique situation and help you decide the next step to take.
