Product Liability: Personal Injury Claims & Lawsuits
Being involved in a product-related injury can be a traumatic experience, and it can be challenging to determine who may be liable for your injuries, medical costs and other damages. Knowing when you should contact a personal injury lawyer to handle your product liability claim can be the differentiating factor in whether or not you are fairly compensated for your injuries.
Should I Contact a Lawyer for a Product Liability Claim?
To evaluate the need for a personal injury lawyer for a product liability claim, see if you answer “yes” to any of the following questions:
- Were you injured by a product that was defective due to a manufacturing error?
- Were you injured by a product that was designed in a way that is unreasonably dangerous?
- Were you injured by a product that did not obviously warn you of certain product use hazards?
- Were you injured by a product that was improperly labeled?
- Were you injured by a defective product that has a recall notice, but you were unaware that the product was recalled?
- Were you given the wrong prescription medication or dosage by a pharmacist that resulted in injury?
- Did you take prescribed medication or a dangerous pharmaceutical drug that caused serious side effects or death?
Note that if the use of a dangerous, defective or mislabeled product resulted in death, you may be entitled to file a wrongful death lawsuit.
Steps to Take After a Product-related Injury
Take pictures of the accident scene — If possible, take multiple pictures of the area where the product accident occurred and your related injuries. If you are unable to do so, try to get friends or relatives to take pictures of the accident scene as soon as possible.
Identify witnesses — If there are witnesses to the product-related injury, make sure and get their names and contact information.
Get medical treatment — If you are injured in a product-related accident, schedule an appointment with your doctor. If you are severely injured, go – or have emergency services take you – to the emergency room.
Important — When you visit your doctor or the emergency room, make sure that you explain how you were injured. This can play an important role in linking the injuries you sustained directly to the use of the product.
Document medical expenses — Make sure to document all of the medical expenses associated with the treatment of your injuries. Expenses to document include medical bills, prescription costs and insurance co-pays. It may also be possible to get reimbursement for out-of-pocket expenses related to the treatment or management of your injuries.
Request medical records — Medical records provide a significant amount of information that may be important for a product liability lawsuit. Obtain copies for reference, or have a lawyer help you.
Contact a local personal injury lawyer — Product liability claims can be complicated due to the burden of proof and the number of possibly liable parties, including testing laboratories, manufacturers, distributors and retailers. If you suspect that a design defect, manufacturing error or mislabeled product is the cause of your product-related injury, the best advice is to connect with a local personal injury lawyer to understand your claim.
Keep records of all accident-related items — After a product-related injury, it is important to document the accident, injuries and other related conversations, paperwork and expenses. Maintaining records and keeping everything organized is useful for any claims or lawsuits that result.
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