What to Do If You’ve Been Harmed by a Dangerous or Defective Product
If you were harmed by a dangerous or defective product, there are certain steps you can take to protect your legal rights.
- Get medical attention. Your health is your primary concern. See a doctor as soon as possible to have your injuries evaluated. This will help ensure you get proper care for your injuries, plus the doctor’s report will be a vital piece of evidence if you decide to file a personal injury claim or lawsuit.
- Keep the defective or dangerous product. If you still have the product, keep it in a safe place to maintain its condition. The product itself will be a critical piece of evidence, as it can help prove the product was faulty or can be examined to discover what caused the defect and how the defect contributed to your injuries.
- Document all the important details. Beyond obtaining medical records, document your injuries and the incident that caused your injuries as thoroughly as possible. Take pictures of your injuries and the product, plus take detailed notes at any medical appointment. If possible, keep any other documentation you might have on the product, such as the product’s packaging, sales receipt, warranty reports, or maintenance records. Any of these items might be important if your claim is disputed.
- Get legal help as soon as possible. Contact a skilled product liability attorney for a free consultation. An experienced attorney can review your case and help you fight for the full compensation you need to recover.
Compensation for Your Injuries
If a dangerous or defective product caused your injuries, you might be entitled to seek compensation.
The level of compensation you might receive depends on the details of your case, but our law firm frequently demands payment for:
- Medical bills already incurred
- Future medical expenses
- Lost wages
- Reduced capacity to earn a comparable income
- Cost of disability accommodations
- Property damages
- Pain and suffering
Ultimately, you should not be left with any expenses related to your injury. A fair product liability settlement should take into account both current and future losses you can expect to face.
Steps in a Product Liability Lawsuit
Product liability lawsuits start way before the trial, and there are certain steps you can take to protect your legal rights and fight for fair compensation.
Contact a product liability lawyer: You need someone on your side who understands the intricacies of product liability law and what is needed to win your case. An experienced attorney can help you navigate this complicated process and start gathering vital evidence as soon as possible.
Determine liability: Your attorney will need to prove that some person or entity acted negligently. This is complicated in product liability cases because multiple parties might be responsible, including:
- The product’s manufacturer
- The manufacturer of parts or pieces of the product
- The person or company that improperly installed or assembled the product
- The store that sold the product
- The wholesaler acting as a go-between for manufacturers and shops
Gather evidence: In product liability cases, you must show that the party you are accusing committed some negligent action that directly caused you harm. To do this, you’ll need a variety of evidence, including medical documentation of your injuries and the product itself. Additionally, you will typically have to show that you did nothing to contribute to your injuries. For example, if you misused a product or altered it, this might prevent you from being able to seek damages for your injuries.
Settlement negotiation: Many product liability claims are resolved outside of court with a settlement. Your attorney can negotiate with insurance and the other party’s lawyers and help determine whether a fair settlement can be reached.
File a lawsuit: If the other party fails to agree to a fair settlement, your attorney will be prepared to pursue your claim at trial.