What To Do In Case Of Personal Injury From The Use Of A Defective Product
If you have been injured because of a defective product
, it is necessary to file a claim immediately. Also known as a product liability claim, this is the only way to recover the damages you incurred because of someone else's negligence. Here is a brief guide that is sure to help you understand the details of this type of case.Before you ask your personal injury attorney to file the lawsuit, he/she requires certain things. This includes, but is not limited to, the following:
The product, if it is left, that caused the damage
Date of purchase and the place from where you bought it
Manuals that came along with the product
Photographs of the product as well as the injury
Medical records to support the claim of the damage done
Records to show any property damage
Support document regarding lost wages
When you talk about product liability, it is essential to know the definition of a defective product. It may be a defect in the design or it may be because of the way it is used. It may also be due to the absence of proper instructions or warnings. If the product has caused the injury, it may be considered as defective.
The question of comparative fault may come up in such an instance. The idea behind this is that you, i.e., the victim, were somehow at fault for the injury as well. For example, you used a prescription drug without medical advice and were adversely affected because of its defect. In such a case, you were also at fault.
Does your state comply with 'strict liability'? If yes, you need not deal with the question of whose fault it was. All that is considered in the case is that the product was defective, you were injured and there was a causal relation between the defect and the injury. Ask your personal injury attorney whether this is applicable in your state or not.
Who is accused in this type of a case? Against whom should you file the lawsuit? Well, the manufacturer, the seller and/or the repairperson can be held responsible for the damage caused. It is essential to know whose negligence is the root cause of the trouble. Otherwise, you could end up suing the wrong entity.
What can you claim as compensation? Apart from the medical and financial losses you incurred, you can also claim compensation for the physical and emotional stress and anxiety because of the injury.
Your Orange County Personal Injury Attorney could help evaluate the injury and explain to you what comes under the claim. He/she is responsible for filing the lawsuit, taking care of the evidence collection, examining witnesses, negotiating with the insurance adjuster, and presenting it before a court of law if it goes to trial.
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