Although defective product cases are just catchy headlines to be read over coffee in the morning for some people, they are pretty much a reality for many victims. There is just something so incredibly unfair about getting hurt by using a product that you paid for and have been assured is safe. Some manufacturers place too much importance on finalizing sales and generating more profits, not caring who they wrong along the way. However, as a consumer, you have every right to hold these people liable for your pain and suffering. If a defective product has caused you physical harm, then there is something you can do—file a defective product lawsuit. How can you do this and ensure that you get the compensation you deserve, though? Read on to know more.
Be Careful of Your State’s Statute of Limitations
What many people do not know is that there are time limits (statute of limitations) for all kinds of lawsuits, and defective product cases are no different. This is why you should figure out where your state stands when it comes to these time constraints if you are thinking of filing a defective product lawsuit before you actually take any step. This way, you can ensure that your case does not hit a dead end. As a general estimate, we are looking at a 2-year timeframe for acute and immediate injuries like burns and broken bones. On the other hand, the statute of limitations of medical problems that arise from long-term exposure is much more flexible since it allows victims to file a lawsuit whenever they discover their conditions. In any case, we recommend that you take action immediately to avoid compromising your position in court.
Find Solid Grounds for Your Claim
Have already made sure that you haven’t exceeded your state’s statute of limitations? Great, now you have to look for solid grounds to build your case on. When it comes to defective product lawsuits, you commonly have three options: design, production, and marketing. Let’s expand on each of these. First off, defective designs refer to the manufacturer’s inability to design their product in a way that makes it fit for use. Production defects, on the other hand, are more relevant to the manufacturing mistakes that occur during the assembly process. Finally, marketing defects relate to the manufacturer’s negligence of providing proper warnings about the dangers of their product or instructions on how to use it. For example, if the manufacturer fails to mention that you should not touch a specific part of their machine and you end up losing a finger because of this, then defective marketing is considered a good reason to sue them.
Hire a Lawyer
No matter how well versed you think you are in legal matters, you will still need a professional to guide your footsteps. Most personal injury lawyers have experience with defective product lawsuits, so you will not face trouble when searching for one. This is especially true if you live in a city where car accidents are frequent like Roanoke, Virginia. The lawyers from https://www.vatrials.com stress the importance of hiring a seasoned attorney who can help you get the compensation you need. Once you find a lawyer, they will be able to help you learn more about the outcome of your case, the type of compensation you can ask for, and the documents you will need to get. They will also represent you in court, allowing you to focus on getting better instead of worrying about a million small details.
Gather Evidence
Perhaps the hardest part of any defective product case is linking the victim’s injuries to the product. Of course, you do not want to turn in circumstantial evidence in order not to negatively impact your position or make the judge question your credibility. Depending on their skills, your lawyer can either make this process a breeze or a headache; the more experienced your attorney is, the easier it will be to get your paperwork in order, so be careful when choosing who to represent you. Generally speaking, you will need to get documents from a healthcare specialist to explain your condition and how it relates to the product in question. Finding other people who have sustained similar injuries because of the same product can also bolster your position. After you have all the required paperwork, your lawyer will be able to file your claim.
Not many people are familiar with defective product cases, but as a consumer, you must know your rights to be able to fight back if someone infringes on them. If you suspect that you have been physically harmed because of the design, manufacturing, or marketing of a certain product, you need to act fast and gather as much evidence as possible. Hiring a lawyer that specializes in these types of cases will considerably improve your chances of getting reimbursed as well.