If you’re injured because you used a product, you may be able to file a special type of lawsuit, known as a product liability tort. In this blog post, a car accident lawyer who has dealt with faulty car-related products shares:
- What product liability is;
- What makes a valid product liability claim;
- The types of compensation you may be eligible to receive; and
- What you can do to help maximize the compensation you may be eligible to receive.
There’s a significant amount of information for you to learn about. Let’s get started.
What Is Product Liability?
Product liability is a type of personal injury claim. With it, a manufacturer or product seller responsible for the defective product. Product liability relies on strict liability. Strict liability means that plaintiffs can hold defendants responsible for the losses accumulated even if fault or negligence can’t be fully proven by the plaintiff.
What Makes Up A Valid Product Liability Claim?
As our friends at Herschensohn Law Firm, PLLC can share, to hold a valid product liability claim, the plaintiff must:
- Show that the manufacturer or seller (or both) created, distributed, or supplied the product;
- The product was defective;
- That the defect caused some type of injury to the plaintiff; and
- The plaintiff sustained actual damages from using the defective product.
There are thousands of product liability cases filed in the federal court each year.
What Types Of Compensation May You Receive With A Valid Claim?
If you’re hurt because of a product liability claim, you may be entitled to receive both economic and non-economic compensation.
Examples of economic compensation may include and not be limited to:
- Unexpected medical bills;
- The cost to fix or replace personal property damaged; and
- Lost time from work while you recover.
A non-economic damage means that although there is a loss, a dollar amount can’t be determined such as one could for medical visits and bills. Non-economic damages may include and not be limited to:
- Loss of enjoyment;
- Pain and suffering;
- Loss of consortium; and
- Mental anguish.
What Can You Do To Maximize Your Compensation Claim?
To maximize the compensation you may be eligible to receive, it’s essential to take proactive steps from the moment you realize a product has caused you harm:
- Document Everything: Keep a detailed record of your injury, including photos, medical reports, and any communication with healthcare providers. This documentation serves as critical evidence in your claim.
- Attend All Medical Appointments: Follow through with every medical appointment and treatment recommended by your healthcare provider. Consistent medical care not only aids in your recovery but also provides a clear record of the severity and impact of your injury.
- Participate in Treatment: Engage actively in your treatment plan. Whether it’s physical therapy, counseling, or other recommended therapies, showing that you are committed to your recovery can strengthen your claim.
- Preserve the Defective Product: If possible, keep the defective product in the same condition it was in when the injury occurred. This can be crucial evidence in proving the defect and causation.
- Consult with an Experienced Attorney: A knowledgeable product liability attorney can guide you through the legal process, help you gather the necessary evidence, and advocate on your behalf to ensure you receive fair compensation.
Product liability claims are complex and require a thorough understanding of the law and your rights. If you believe you have been injured by a defective product, taking the right steps early on can make a significant difference in the outcome of your case. Remember, product liability laws exist to protect consumers, and you have the right to seek justice and compensation for the harm you have suffered. Contact a lawyer near you for help.