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What Legal Recourse Do You Have if Injured by a Defective Product?

If you were injured by a faulty product, manufacturing defect, or other product defect, a personal injury lawyer can explain what legal recourse you have to get compensation and hold the manufacturer accountable. Depending on your case, you may be able to:

  • Pursue a pretrial settlement from the manufacturer’s insurance company
  • File a product liability lawsuit and seek a jury award
  • Join a preexisting legal action against the manufacturer

Seeking a Settlement for Defective Product Injuries

You can file a claim and seek a settlement if you were injured by a:

  • Car part
  • Furniture or appliance
  • Medical device or implant
  • Tool or piece of equipment
  • Type of building material
  • Other consumer product

Our attorneys can help you file a case for design defects, manufacturing defects, breach of warranties, and other product defects. Manufacturers may have strict liability if their products cause injury, meaning you may not have to prove the manufacturer’s negligence. An attorney can help you build a product liability claim based on the facts of your case.

Having Your Attorney Negotiate a Faulty Product Settlement

Manufacturers do not always agree to negotiate with the people their products have hurt. In some cases, they deny any wrongdoing at all. A good way to protect your rights is by allowing your lawyer to handle your case, including negotiations. They can:

  • Meet with the manufacturer’s representatives without being intimidated by their attorneys and large pool of resources
  • Collect enough evidence to support your case
  • Keep fighting for a fair settlement that covers your losses

What Goes Into a Defective Product Settlement

Your settlement should include compensation for all past, present, and future losses connected with the product. Every plaintiff will seek damages from the responsible party consistent with the losses they suffered, which may include:

  • Medical bills you have already incurred
  • Medical expenses you will likely incur in the future due to long-term injuries or disability
  • The cost of replacing the defective product
  • Physical and emotional pain you already suffered
  • Future physical and emotional pain your injuries will continue to inflict
  • Wages you lost when you stayed home from work to recuperate
  • Wages you will lose due to impending medical treatments and/or long-term injuries that prevent you from doing your job
  • Disabilities that result in loss of functionality or range of motion on either a temporary or permanent basis

What happens if the product manufacturer refuses to acknowledge your case and negotiate in good faith or if negotiations come to a standstill? Then your product liability lawyer may advise going to trial. This involves:

  • Putting together enough evidence to convince a judge or jury that the manufacturer owes you damages
  • Having your attorney speak for you in the courtroom
  • Bringing in witnesses to testify as to the nature of your injuries and/or the manufacturer’s negligence
  • Keeping you in the loop by providing regular updates about your case

Deadlines for Taking Legal Action Based on Product Liability

Keep in mind that each state sets its own deadlines for when a plaintiff can file a defective product lawsuit. In California, for instance, CCP § 335.1 sets this deadline at two years, as do many other states.

This is one of several reasons why it is a good idea to start your product liability case as soon as possible. Doing so gives your attorney ample time to assess your situation and get your case rolling within the deadline.

Defective Products and Mass Torts

If you were injured by a consumer product, medical device, or similar product, odds are that others have suffered the same or similar injuries. One legal recourse you have if injured by a defective product is to join a mass tort, in which multiple plaintiffs band together to confront the manufacturer whose negligence caused them harm.

mass tort lawyer can help you figure out if:

  • There is an existing mass tort that you qualify to join
  • If there are sufficient grounds to begin a mass tort
  • If a mass tort is the best way to pursue damages in your case

Faulty Product Legal Cases Can Be Complex

Some product liability claims can get complicated very quickly. For instance, you might have to deal with:

  • Proving the manufacturer’s negligence: Sometimes, you need to show that the manufacturer behaved negligently. In other cases, you can rely on the concept of strict product liability, which says that the manufacturer is liable for any injuries their product causes, even if they were not negligent.
  • Identifying the type of negligence involved: Was there negligence in product design, marketing, packaging, or design? Did they fail to recall the product despite knowing it was defective? These are all different issues that require careful investigation.
  • Stalling or denials from the manufacturer: Manufacturers tend to be large entities with lots of resources and previous experience with getting sued. They may try to get you to accept less compensation than you deserve.

A Product Liability Attorney Can Help

Consumer protection should be every manufacturer’s top priority. If they fail to protect you in any way, they should compensate you for the losses you suffered because of your injuries.

A legal representative can guide you through even the most complex product liability cases. It can be difficult to determine what legal actions to take following a severe injury, but they can guide you through the process and help you navigate product liability laws.

If You Were Injured by a Defective Product, Call Us

The available legal remedies for product injuries depend on many different factors. For a more detailed overview of what legal recourse you have if injured by a defective product, call KJT Law Group at (818) 507-8525. Our team helps injured people file personal injury claims and lawsuits to recover the compensation they need and deserve.

We Will Fight For You

Contact our firm to get started.
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