What Should You Do If You Are Injured By A Recalled Product? Hurt By a Defective Product?
You used a product yesterday, and it injured you badly, requiring you to take time off from work and seek medical attention. You realize that you cannot afford the cost of healing from the injuries.
- Now what?
- What can you do?
It is best to remember the following things.
- Accidents do not happen unless you, another person, a company, or a product prove negligent.
- Negligence causes accidents, and accidents cause all levels of injuries, including death.
- The trick is proving that you, someone else, a company, or a product was negligent.
- There are far too many product defects causing bodily injury and death every day, and millions of reported injuries and fatalities are reported every year from defective products.
- Call a seasoned negligent accident, injury, death attorney as soon as possible. Your first call is a free consultation to determine if you have a good case.
Product liability takes many forms. There are products from A to Z, and the list is extensive. These are only a few examples, and each example has enormous products prone to defects.
- Medical devices
- Body implants
- Defective drugs
- Meshes used in operations
- Motor vehicles
- Motor vehicle parts
- Any products designed for children
- Retail products
- Internet products
- Pet care and treatment
- Household appliances
- Household products
- Yard products
- Food industry products
Your First Step
If you used any product and it was defective, you must contact a seasoned and experienced negligent accident, injury, death attorney to help you file a compensation claim and get the money you need to replace your wages and pay for all unexpected costs. No attorney knows what amount of settlement or compensation you could receive at this first step. There are many issues that your attorney must factor in to calculate an estimate of what payment could amount to.
You can help your attorney calculate a settlement by documenting everything about your accident and the product that malfunctioned. Get copies of everything from medical reports to incident reports from employers to police reports. Be sure you get a copy of all documents. Always keep a copy for your records and get your attorney copies.
You will work closely with your negligent accident attorney. However, the responsibility you have is to heal and get well again. You do this by meeting with us and letting us handle everything. We take the work and worry of creating a compensation case off your shoulders. All we expect you to do is follow your doctors’ orders and recuperate from your injuries.
If a loved one dies due to a defective product, family survivors need to call us immediately to review your case and get the compensation they need to pay for your end-of-life expenses, such as funeral expenses, mounting medical bills, and what is owed to creditors. Survivors have an extensive list of damages available for them to file compensation that may differ from your list of damages.
A company may recall a product from the retail market because of a defect in that product. When a manufacturer discovers that a product they made is defective, they put out a recall notice to the companies selling it. The store, most likely, posts a recall notice so the public can get the recall information if they bought the product from them. This defect can cause injury or harm to the person (s) using the product.
It is staggering to think that there are thousands of reported defective products every year. It is more staggering to find out that there were just as many injuries and deaths when consumers used one of these faulty products.
Who Is Responsible for Injuries and Death Due to Defective Products
Not only one person, but many people can be found negligent when a consumer is injured or dies due to using a defective product. Some of these entities include the following but are not limited to these few examples.
- The manufacturer of the defective product
- The retail company selling the product
- The distributor and possibly more
If the product was large and expensive, like a car, the manufacturer sends out individualized recall notices to car owners whose vehicle identification number or VIN matches the recalled vehicle.
Notices are also sent to dealerships that sell this vehicle model. Recall notices describe what the defect is and what injuries the defective product causes those who use the faulty product. Car manufacturers pay car dealerships or another service mechanic to fix a defective product associated with a vehicle.
There are numerous ways for a negligent accident to occur, and a defective product is one way that causes liability.
What Types of Injuries Do Defective Products Cause
The injuries caused by defective products can range from minor injuries to death. Injuries can be short-term, long-term, or lifetime. Injuries can come in the form of some of the following.
- Cuts and lacerations
- Permanent scarring
- Head injuries
- Eye injuries
- Spinal injuries
- Toxic fumes
- Toxic Foods
- Soft tissue injuries
- Organ damage
- Burns at all levels in many forms
If you suffer injuries or death surrounding defective products, you need to find an element of justice for this negligence.
What is Product Liability?
Product liability happens when you buy a product that causes you injury because it was defective when you used it. Product liability includes an endless list of possible products you use every day. There are millions of possibilities.
When you buy a product, you expect it to perform as it should. You never think that the product could malfunction due to a defective part or that you will become injured by using the product. Some examples of products that could pose a defective part are,
- Motor vehicles of all brands and styles
- Air conditioners
- Personal hygiene products
When you purchase a product, you trust it performs as it should. The last thing on your mind is that you will receive injuries or die because you used a defective product.
If you receive injuries due to a defective product, you have a right to file a legal claim to recoup the expenses that the product caused you. The list of possible injuries and the level of damage is as extensive as the potential list of products that can cause injuries. Every situation is different and unique.
For example, you are driving your car, and some mechanical part fails, causing your accident. Car accidents usually result in bodily injuries that require the services of the nearest hospital and doctor. All of these services create mounting medical bills that you did not expect. You now have property damage because perhaps you totaled your car or have significant repairs.
Your medical treatment depends on the depth of your injuries and your estimated healing times. Perhaps you cannot work for a few days, weeks, months, or never again; you need compensation from this accident to help you financially.
Your only recourse is to file a legal compensation claim. There may be multiple entities involved with your accident. Product liability is convoluted and complex. It takes the expertise of a licensed, seasoned, skilled product liability attorney to sort all aspects of your accident and get you the compensation you deserve.
States have differing laws, rules, and regulations related to defective products. However, most states agree that there are three types of defects.
- Defects in design
When the product was manufactured, the product missed a vital component, such as a part that keeps the product safe.
- Faulty labeling
All products must have proper labels on them. These labels contain explicit instructions and warnings. These labels ensure that the product is used as directed and is not improperly used, causing injuries or death.
- Manufacturing defects
The product could have had poor construction that led to the failure to operate as it was designed, and it caused your injuries.
When products are manufactured, there are numerous companies involved. It may be difficult to prove which company manufactured the defective products. However, we have years of experience representing consumers injured or dying when using a defective product.
We do not know how much of a settlement you can get for your injuries until we hear your story and get the facts of your accident. Many considerations depend on your settlement amount. Your settlement could mean several thousand dollars to several million dollars. We cannot tell you how much your settlement will be until we calculate all of your damages. All of your losses, such as work and income, are considered damage. We will calculate every facet of damage you endured to arrive at a fair settlement calculation.
You cannot have an accident without negligence. You cannot be negligent in your actions and not expect to get injured. Once we gather all of the facts involving your case, we may give you a rough figure of how much your settlement claim is worth. Know that we work hard to protect your victim’s rights and win your settlement case fairly.
What are Considered Damages?
For families who lost a loved one due to a defective product, their only recourse is to file a wrongful death compensation claim to help pay for end-of-life expenses. There is a wealth of damages that families can claim. We need to talk to survivors immediately if this is the case.
You file for compensation to help you pay for damages incurred by a defective product. Types of damage are broad and varied depending on the extent of your injuries. Common damages your compensation pays.
- Any and all medical expenses, including travel expenses for specialized medical appointments.
- If you cannot work for a few days, a few weeks or months, or ever, you can collect enough to subsidize your loss of income.
- You can claim physical, emotional, and mental pain and suffering due to your circumstances and injuries.
- If you had property loss due to your accident, you could file for compensation, such as losing a laptop computer or cell phone in a car accident or if your car was totaled in the accident.
- You initially bought the product that you lost due to its defect. You can be reimbursed for the money you spent on the product.
- Filing for punitive damages may be necessary if we prove gross negligence. This is the only recourse we can take to make sure the negligent person is punished to the greatest extent of the law.
What Can You Expect from Our Team of Attorneys?
We will meet with you and learn all the facts about your accident, injuries, treatment, and prognosis for recovery. We can come to you if you cannot come to us.
- We review all reports and documents about your accident and medical intervention.
- We interview witnesses, the police, doctors, and anyone involved with your accident.
- We communicate with all attorneys and insurance companies, so please refer all calls to us and negotiate nothing with anyone.
- We file all the necessary paperwork starting the claim process for you. In the end, we can unveil who was responsible for the defective product. After we review everything and calculate your damages, past, present, and future, we can demand a fair settlement that pays for all your losses now and going into the future.
We always try to settle out of court. No one wants to go to court, you, your attorneys, insurance companies, witnesses, doctors, and even big manufacturing firms, because going to court costs a tremendous amount of money and time. However, if we cannot negotiate a fair and equitable settlement, we are always prepared to go to court and have a judge and jury hear your case, and we will win your case.
Call Us Immediately After Your Product Defects
When you are injured by defective products, you need the services of a seasoned negligent accident attorney. When we hear that a product causes injuries, there is a high element of negligence somewhere in the product line. The burden of proof for negligence lies on you and your seasoned attorneys, who are experienced in cases where there are product defects causing injuries to consumers.
Every person involved in producing this product that proved defective can be held liable, and we can get you the compensation you deserve. We advocate for your rights as a victim. We are not afraid to stand up to big companies, manufacturers, distributors, sellers, or retailers responsible for defective products and attorneys and insurance companies representing these entities. We have represented a group of people in class action lawsuits and single clients injured by a defective product with great success.
We are very familiar with their tactics to make you sound like the guilty party instead of the victim. We know how to turn the tables on these tactics that increase your chances of winning a generous settlement.
If you have been hurt when using a defective product, please call us immediately. Time is of the essence, and your time may be running out. We want to hear your story and review the facts of your case.
If you ever receive a recall notice for any product, read the directions carefully, and please follow through with the directives. Unfortunately, recall notices are sent out after the fact or when people have already received injuries from using the defective product. Recall notices can come from the following sources.
- The Food and Drug Administration
- Car Manufacturers
- The CPSC
- Product manufacturing firms
- Manufacturers of pet food, supplies, and medicine