How Does a Typical Defective Product Claim Play Out?
According to statistics from top personal injury attorneys, thousands of people every year are injured or killed because of dangerous or defective products. In California and throughout the United States, manufacturers, distributors, wholesalers and retailers may be held liable for any damages incurred by others through defective products they make, distribute or sell. However, receiving proper compensation in a timely manner often requires the help of a reliable personal injury attorney.
If you have been injured by a defective product, it is recommended that you seek a personal injury attorney as soon as possible. However, before you do so, you must prepare by gathering all of the pertinent information that personal injury attorneys will need. This information includes a receipt or proof of your purchase and paperwork from your doctor about your injuries and any treatment performed. You will also want to write down as many facts as you know, including all of the following:
- Product and price paid for the product
- Date and place of purchase
- Date and time the injury occurred
- How the injury occurred
- How the product is defective
- Damages sustained from the injury
Personal Injury Attorney
Once you have all of your facts and documentation, find an experienced attorney. Personal injury attorneys will be able to take care of the entire process for you. If you have a good case, then it may be accepted on a contingency basis, which means you won’t have to pay your lawyer out of your own pocket in advance.
The attorney will file a claim with all entities in the supply chain with a notice that you are seeking damages and that a lawsuit will be filed in court. The liable parties will have a chance to settle the case out of court, but if it goes to court, your lawyer will have to prove the following four points:
- You suffered an injury.
- The product is defective.
- The defective product caused the injury.
- The product was used as intended or alternatively, the product was used in a way that could have been foreseen. Even if the product was misused, you still might have a claim.
Once these four points can be proved, an amount for compensation can be negotiated between you, those liable and the court. It’s best if you have an experienced and honest personal injury attorney during these proceedings.
Since 1989, the personal injury lawyers of Clekis Law Firm have been representing injured people and their families in Charleston and throughout the Low Country. At the Clekis Law Firm our clients always come first. If you or a loved one has suffered a serious personal injury due to the negligence of another, don’t be victimized twice. You need someone on your side to help you with your personal injury case and obtain the fair and reasonable compensation that you deserve. Call Clekis at 843-720-3737!
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