Do I Need an Attorney if I’ve Been Injured by a Product?
Written by AskTheLawyers.com™
Product liability claims arise when one or more parties are injured by a potential defect in an unreasonably dangerous product. Kitchen and home appliances, furniture, children’s toys, medical devices, and even medicine are common subjects of product liability lawsuits. Product liability claims can be particularly difficult to prepare and litigate due in large part to how difficult it is for the average consumer to access the pertinent design and manufacturing records as well as expert analyses.
Whenever someone is injured by a potentially defective or dangerous product, it is highly recommended to talk to an attorney.
Whenever someone suffers an injury due to another party’s negligence—such as that of a product designer or manufacturer—the safest move is to consult with an attorney. Product liability attorneys fall under the field of personal injury law, which means they likely offer free consultations to assess a potential client’s case. Due to the highly specific nature of product liability claims, these attorneys understand how difficult it would be for the average person to successfully litigate their own case.
Additionally, these attorneys handle product liability cases often enough to understand the physical, emotional, and financial toll a product injury can take on the injured party and their family. This is why product liability attorneys typically work on a contingency fee basis, which means clients only pay for their services if and when their case is won.
The evidence needed to effectively prove a product liability claim can be difficult and expensive to obtain.
Product schematics, safety regulations, and company communications are just a few types of evidence that could be vital to building a strong product liability case. Unfortunately, the product manufacturers are unlikely to volunteer this information on their own, and may even require a court order to surrender them. An attorney can quickly identify potential sources of evidence within the manufacturing company itself, as well as having access to expert resources who can evaluate the product to determine whether or not it meets industry safety regulations. This is another way in which a product liability attorney can be extremely helpful; in most cases, the attorney’s firm will cover the out-of-pocket costs related to hiring industry experts to analyze and report on the product’s relative safety from a scientific standpoint.
It is extremely common for product liability attorneys to identify relevant damages even before the victim.
The damages in a product liability claim refer to any economic or non-economic loss suffered by the injured party; these could include medical bills, lost wages, compensation for pain and suffering, and many more. It is not uncommon for the injured party to accept an initial settlement from the product manufacturer believing it covers their damages, only to later realize that new damages have arisen, such as a chronic injury, inability to return to work in the same capacity, and more. Primarily because product liability attorneys have seen enough cases to know what to expect, they can help an injury victim identify not only present damages but future damages as well to negotiate for the maximum settlement or verdict through trial.
To learn more about product liability claims or for help assessing your case, reach out to a product liability attorney.