Defective products can leave devastating effects on consumers. They may lead to damages in the form of injury, loss of income, damage to property, as well as pain and suffering. Getting compensated for these damages is a hectic process that might take several years due to delays in the court process and time allotted to legal teams to build cases.
Hiring a lawyer to represent you in your product defect claim is a wise decision as they have the expertise in dealing with these cases and they will not rest until they make sure you are adequately compensated. The following are 4 ways a lawyer can help with your product defect claim.
1. Contacting the product manufacturer
One of the critical ways a lawyer can help you with your product defect claim is by contacting the product manufacturer with a complaint. A lawyer will be able to reach the right person in the chain of command and thus increasing your chances of eventually receiving compensation. Most manufacturers would want to offer a small gesture like replacing the product, but an attorney knows how to avoid this.
A lawyer will use the proper channels like giving timely notice of possible legal actions and providing a deadline to respond. In the event that the company does offer compensation, the attorney can help you evaluate it and determine whether it is fair and will be able to meet your needs.
2. Advising on type of damages
Another way a lawyer can help you with your product defect claim is by advising you on the type of damages you should attempt to recover. The attorney will assess the kind of defect and the extent of your injury. They will then be in a better position to advise you on what compensation you may be entitled to.
Some of the potential damage entitlements may include property damage, payment for treatment expenses, and pain and suffering inflicted on you depending on the incident that occurred. Knowing what you are entitled to will help you file a successful claim and allow you to avoid looking greedy in seeking compensation as this can lead to lawsuits being dismissed.
3. Determining your defendant & product defect category
It is usually hard to make a product defect claim if you do not understand who to name as the defendant. As a plaintiff, you could bring a product defect claim against the manufacturer of the product, a wholesale distributor, a retail seller, or a reseller of the product. There are other times when you could bring a product defect claim against several defendants that can include a combination of these possible defendants.
A good lawyer will look into your case and determine the type of product liability to claim. This could either be a manufacture defect claim, defective design claim, or a lack of warning category. Knowing the right party to identify as a defendant and the appropriate category to file the claim under is crucial as errors regarding these factors often end up in a judge viewing the whole case as erroneous and dismissing it.
4. Linking the product defect to your injury
In order to collect damages for injuries that result from using a defective product, you must show that your injury was directly caused by the product. A personal injury lawyer can help in proving that the given product had a defect or it had no warnings about the product.
The lawyer will then prove that the product was the direct cause of your injury. This can include testimony from doctors and presenting medical records as evidence. Connecting your injuries to the product in question is a definite requirement in a successful defective product claim and an experienced lawyer can help you with this.