The average award given to product liability victims is $5.1 million. But this doesn’t mean that your case will warrant this large of an award. Several factors go into determining the proper compensation amount in defective product lawsuit cases.
If you’ve recently suffered an injury from a defective product, then you’ll want to understand what goes into filing a compelling case. This will ensure you are awarded an amount that covers the full extent of your injuries.
This guide will explain the best way to file a lawsuit against a company with product defects.
Table of Contents
Know the Law
The best way to prepare your case is to understand the law that governs these types of claims. While the specific requirements vary from state to state, there are some similar basic elements. You need to show that the product in question caused your injury and was improperly designed, manufactured, or damaged before you bought it.
Prepare to argue these points:
- The product is defective.
- You used the product correctly and for its intended purpose.
- You suffered damage or were injured.
- That injury was a direct result of the defective product.
If you can’t effectively prove these points, you’ll have a tough time winning your case.
Prove the Product Is Defective
There are two ways that a product can be defective, either in the design or in the manufacturing. This means that the product is either inherently flawed from its inception or something went wrong during manufacturing. To prove these, you’ll need to hire experts and reference previous cases.
Prove You Have Damages
You’ll need to show that the defect you proved in the last paragraph is the direct cause of your injuries. This means providing medical records and more experts to provide analysis. It’s important to seek medical care immediately after your injury to create a reliable record of your injuries.
Keep documentation of all receipts and expenses that relate to the incident. This includes property damage. Not all defective products include property damage, but if yours does, you need to include this.
Hire the Right Law Firm
When you file a defective product injury lawsuit, you could be going against a large corporation. They have significantly more financial resources and access to powerful law firms. You need to even the playing field by also hiring a major firm.
These firms have a reputation for the effective representation of their clients. This will give you the greatest chance for a settlement pre-trial or a favorable outcome should your case go to court.
File Your Defective Product Lawsuit
If you think you have a defective product lawsuit, your first step is to get treated by a medical professional and speak with a product liability lawyer. This will create your injury record and be the first step in filing your claim.
The lawyer will hear your case and advise you of the best course of action for your claim. The sooner you speak with an attorney, the more they can do for you. If you wait too long, you may be barred from recovery due to the statute of limitations.
Browse our other articles for more useful advice and information that can help you study up on important legal knowledge.