Being hurt isn’t fun, and when you’re seriously injured it can quite literally upend your entire life. But when you’re hurt by a product that was defective, not only are you left with a physical recovery frustration – you’re in a situation that wouldn’t have been present had someone designed or manufactured their products properly.
Luckily, you do have options. With defective products, those hurt do have the potential to file a personal injury lawsuit and get the compensation that they deserve – and justice for their injuries.
A Long Road To Recovery
Not only will injuries leave you struggling to recover physically, but financially as well. You’ll face a variety of financial burdens if you suffer serious injuries including
What Are Your Options?
In order to get compensation for your injuries, you’ll need to be able to prove that you were hurt by a defective product. The main thing here is to show that you were using the product exactly as intended and that it suddenly caused your injuries – if you weren’t following the instructions or using the product in a manner that was unintended, you have few options.
But, if your injuries occurred in an accident that you couldn’t have seen coming and were triggered by the defective nature of a product, you have more options. You may be able to seek compensation from the designer or manufacturer of your product, whether it’s a crockpot or an automobile that had a faulty system in it.
What About Recalls?
When a product suddenly and without warning malfunctions and causes injuries, your case is much clearer as long as it can be proven that the issue was something within the product. But when multiple reports come in of the same problem, companies quickly issue recalls in an effort to avoid paying out in lawsuits.
These recalls occur most commonly in the auto world, but recalls on everything from baby swings to lawn chairs to TVs do occur on a regular basis. Just because a product is under recall, it doesn’t mean that you have no right to compensation. There are a couple of main points to consider here.
- If you were injured before the recall occurred, you have the right to seek restitution through a lawsuit. This may be in the form of an individual claim or a class action lawsuit, but either way your attorney will work to get you what you’re owed.
- If the recall happened before your injuries, you’ll have to be able to prove that you had no knowledge of the recall. Knowing about the recall and continuing to use the product negates your rights since you essentially accept the responsibility and risk.
In order to prove that you weren’t aware of the recall, you may have to show that you had no way of getting the notification about a recall. Auto companies mail out information to owners, but even then you may not receive the mailer – especially if you purchased the car used.
Either way, if your accident involved a product that a recall was issued on you may have more rights than you suspect, and talking to an attorney is the first step to getting what you’re owed.
What Are You Owed?
Your settlement in a personal injury lawsuit should return you to a financial point you would have been in had the accident never occurred. This can include a variety of things including restitution for:
- Lost wages at work
- Medical bills
- Long term medical care costs
- Pain and suffering
- The impact of the accident on your ability to earn money in the future
- And more
Essentially, anything that is impacted by your injury should be considered when designing a settlement offer. Our team works with financial and medical experts to get a clear picture of just what you are owed, then we fight to make sure that you get it.
Standing Up To The Big Guys
One of the biggest challenges in a defective product case is that you’ll be seeking restitution from major corporations and companies. Whether it’s an automaker or a toy company, these groups have massive resources and will have legal teams and insurance companies working to keep you from getting a dollar.
The other side will use bullying tactics to try to keep you from getting any restitution. It may include things like refusing payment, stalling, forcing you to fill out needless paperwork, or offering you settlements that are less than you deserve.
But with our team on your side, that stops. We stand up to the bullies and the big guys on the other side and work to get those who are hurt the compensation that they are really owed. We have decades of experience in personal injury law including defective product cases, and we don’t stop until you get the restitution you’re owed. Contact us today for your free initial consultation.
