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Can you claim 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.
A Fort Myers product liability lawyer experienced in defective products can build an evidence-based case showing the full extent of your losses. Our team at Viles & Beckman can provide you with peace of mind, allowing you to focus on your recovery while we handle the legal complexities of your case.
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Who Can Claim Compensation for Defective Product Accidents?
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.
Find out more about how to get fair compensation with our team members.
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How do Lawyers Prove Negligence in a Defective Product Case?
There are two key points to understand when it comes to proving negligence in a defective product case.
Firstly, the burden of proof lies with the injured party. Therefore, you must provide evidence that the product was defective and caused their injuries.
Secondly, the manufacturer is responsible for ensuring their products are safe for consumer use. If they fail to meet this responsibility, they may be held liable for any resulting harm.
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’s defect or 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.
How do We Identify the Responsible Party?
Manufacturers have a legal duty to ensure their products are safe for consumers. Therefore, they are responsible for correctly designing, manufacturing, and labeling their products.
If a product is defective and causes harm, the manufacturer can be held liable for any injuries or damages the consumer suffers. This responsibility extends to the product’s initial sale and throughout its entire lifespan.
While the manufacturer is at fault in most product liability claims, other parties may be liable as well, including the:
- Distributor
- Retailer
- Designer
- Supplier
- Assembler
- Installer
- Wholesaler
Defective product attorneys can review all possible parties involved with your case, helping you determine how to pursue legal action for fair compensation.
Click To ContactWhat 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. The court uses these compensatory measures to restore victims to a state as close as possible to their condition before the injury.
If a defective product injured you, you could claim different damages, including:
- Medical bills
- The cost of future medical care
- Lost wages
- Lost earning potential
- Property damage
- Pain and suffering
- Diminished quality of life
A 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. Learn more about securing financial compensation with a defective product lawyer from our team.
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.
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 qualify to claim compensation.
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
Time is of the essence when it comes to filing a claim. Each state has a different time limit, so it’s essential to be aware of the deadline and take action promptly.
Seek Legal Help for Your Defective Product Claim
Can you claim 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.
Contact us today to discuss your case. We know how to handle negligence claims, and we always put our clients first.
