Whenever you buy a product, you expect it to work as advertised. So, if you got injured after using a defective product, then it is your right to claim for compensation. But the question is, how?
To understand better as to how product liability it works, we’ve gathered a few must-knows to help you check if you can file for a valid claim.
Consult a professional
Your best bet is to ask a lawyer whose practice area covers product liability claims. By consulting a personal injury law firm in places like Denver or wherever you live, you will know if you have a valid case. Be honest with your lawyer and disclose every possible detail that can help you with the case. This way, they can plan the right strategy and ensure your rights are protected during the claim.
Know the types of product liability
You can file for a product liability claim depending on the way you got injured. For one, you have a case if the product malfunctioned and caused you an injury even after you followed the user manual. You also probably have a case if the manufacturers failed to list warnings or special instructions, and you got injured after using it. Another possible claim is if you sustained an injury due to a defective product.
Prove the liability case
To win the claim, you will need to prove that you followed the instructions on how to use the product. It is a must that you utilize the product only for its intended use. Of course, you will also need proof that the product itself causes your injuries. Only then can you ask for compensation from the other party.
Learn about the damages you can ask for
The type of compensation you can ask for will depend on the type of injury you sustained. For instance, you can request compensation for damages like medical bills, mental stress, and the pain and suffering caused by the injury. You can also ask the defendant to cover for your loss of wages if the injury left you unable to work. When you lost a loved one because of product liability, you can seek additional charges, especially if they are your family’s breadwinner.
Know the people or party you can pursue the claim against
You can ask for compensation to people who are involved in the distribution of the product. The manufacturer may not be the only people you can sue. You can also file charges against companies who assembled the product and even the retailers and wholesalers who sold the defective item. Your lawyer can help you determine which parties you can involve in your claim. The process can be a complex one, which is why hiring a personal injury lawyer is always a good idea.
These are some of the things you need to know before filing for a product liability claim. With the help of a competent lawyer, you can reduce your stress and focus on getting better while they handle the claim for you. By acting as early as possible, you can hasten the process and move on quickly.