Can I Get Compensation for Injuries Caused by a Defective Product?

In many cases, yes, you can file a defective product claim to recover funds to cover your medical bills, lost wages, and other accident-related expenses after you sustain an injury caused by a defective product.

A Fort Myers product liability lawyer experienced in defective products can build an evidence-based case showing the full extent of your losses. An attorney can review your situation right away and determine if you can get compensation for injuries caused by a defective product.

Can You Get Compensation for Injuries Caused by a Defective Product?

You may have a chance to seek compensation through a product liability lawsuit or insurance claim if you used a product according to all directions and it malfunctioned, causing you injuries and financial losses.

A product liability lawyer can help you with losses caused by design defects and manufacturing defects. In order to receive funds, your attorney will need to establish negligence in some cases, though you may also file a claim based on strict liability.

A lawyer can also explain your rights for financial compensation in a defective product injury lawsuit.

What Compensation Can You Claim in a Product Defect Case?

In a product liability claim, injured victims may be eligible for various types of compensation that address the incident’s physical, emotional, and financial toll. If a defective product injured you, you could claim different damages, including:

• Medical bills
• Lost wages
• Lost earning potential
• Property damage
• Pain and emotional distress
• Diminished quality of life

A Fort Myers personal injury lawyer may help you seek coverage for loss of consortium, loss of enjoyment of life, and other non-economic damages.

In some cases, you may qualify to receive punitive damages, which act as a way to punish the at-fault party for their negligent actions.

How Much Money Can You Get?

The liable party may need to pay for all of your economic and non-economic damages in a product liability claim. Your attorney will need to carefully review all of your losses to determine a fair value for your claim.

It’s crucial that you get help right away to determine if you can get compensation for injuries caused by a defective product. 

Factors Affecting Compensation for Injuries Caused by Defective Products

Certain factors can affect the amount of compensation that the court may award in cases involving defective products. When pursuing a claim for injuries caused by a defective product, it is essential to consider these factors.

Factors that determine the value of your claim include:

The Severity of Your Injury

The extent of your injuries can play a significant role in determining the compensation amount. More severe injuries, such as permanent disabilities or life-altering conditions, may result in higher compensation.

The Impact of the Accident on Your Life

Additionally, the court can consider the impact of medical expenses, loss of income, and emotional distress on your life, especially when assessing punitive damages.

The Company’s Level of Negligence

If the manufacturer acted recklessly or knowingly released a defective product, it may lead to higher compensation in various types of product liability claims. A lawyer can explain how product liability negligence works.

What’s the Burden of Proof?

To establish a successful claim for compensation for injuries caused by a defective product, you must prove that the product was indeed faulty. This burden of proof can be challenging, but it is essential to ensure justice for victims.

Your attorney can prove negligence by considering the following key elements:

Duty of Care

The defendant (typically the product manufacturer, distributor, or seller) owes a duty of care to consumers to ensure that the product is safe for its intended use and does not pose unreasonable risks of harm.

Breach of Duty

The plaintiff must demonstrate that the defendant breached their duty of care by designing, manufacturing, distributing, or selling an unreasonably dangerous product.

Causation

There must be a causal link between the defendant’s breach of duty and the plaintiff’s injuries or damages. The plaintiff must establish that the product creator’s negligence led to their harm.

Damages

The plaintiff must have suffered actual damages, whether physical injuries, emotional distress, medical expenses, or lost wages. Damages are necessary to seek compensation in a negligence-based product liability case.

A product liability attorney can focus on establishing negligence on your behalf, giving you time to recover from your injuries.

What Kind of Products Can Cause Serious Injuries?

Regarding defective products, it’s essential to understand the common examples that can pose a risk to consumers. From faulty electronics to contaminated food items, these product defects can result in serious injuries or even death.

Common types of defective products include:

• Electronic devices
• Food and beverages
• Medical devices
• Children’s toys
• Vehicles and vehicle parts
• Household appliances
• Pharmaceuticals
• Safety gear

Defects can occur during the design or manufacturing process. An experienced product liability lawyer can review your situation and determine if you can get compensation for injuries caused by a defective product. 

What Can You Do to Claim Compensation for Your Losses?

Knowing your legal rights and options can empower you to seek justice and receive the compensation you deserve. Don’t hesitate to take action if a defective device has harmed you.

If you’ve experienced a malfunctioning device, take the following steps to protect your right to financial recovery:

Consult with a Legal Professional

A Fort Myers personal injury lawyer can help evaluate your case and determine if you have a valid compensation claim. Having legal representation can significantly increase your chances of a successful outcome.

Document Everything

Keep records of the defective product, any injuries or damages caused, medical expenses, and any communication with the manufacturer or retailer. This evidence will be crucial in building a solid case.

Act Within the Statute of Limitations

Product liability claims fall under the wide umbrella of personal injury law. Each state has its statute of limitations for filing a personal injury claim, with the time limit for filing generally starting on the date on which the injury occurred.

You can learn more about the statute of limitations for defective products in Florida right now.

Keep Evidence Related to Your Product Liability Claim

In order to have a successful product liability claim, a lawyer must prove:

• The product featured a design or manufacturing defect, or an issue with the instruction label, that made it unsafe for consumers.
• The manufacturer, designer, or distributor of this product knew or had reason to know about the defect, but failed to warn consumers.
• You sustained injuries as a result of this design, manufacturing defect, or improper labeling of the product.
• You experienced specific expenses and life impacts as a result of the injury you incurred from the defective product.

A lawyer’s ability to prove these elements of your case relies greatly on evidence. Keep everything related to your claim, including:

• The defective product
• The receipt for the product
• Photos of any visible injuries you incurred
• Paperwork regarding your specific complaints and expenses

An attorney can use this information to build your claim.

Do Not Underestimate Your Liability

Many cases are not so cut and dried to present one victim and one liable party. In truth, many victims bear some liability of their own for their injuries.

While having some liability for your injury generally will not preclude you from filing a legal claim against other liable parties, the at-fault party’s insurance company will work hard to prove that your injury is entirely your fault.

You must share with your attorney the actions that you took that could indicate liability on your part and allow him or her to mitigate those claims.

Seek Legal Help for Your Defective Product Claim

Can you get compensation for injuries caused by a defective product? Often, a defective product lawyer can help you navigate the complex legal system, increasing your chances of a successful claim. You can turn to our team at Viles & Beckman for professional help today.

Our product liability lawyers will advocate for your rights and fight for the compensation you deserve, ensuring you are not taken advantage of by powerful corporations. We fight for our clients and have Over 90 years of combined experience.

We know how to handle negligence claims, and we always put our clients first. Members of our team can speak Russian, Spanish, and Creole, making it easier for us to serve our culturally diverse area.