If a product is defective and causes injury, the manufacturer and sometimes others in the distribution chain can be sued for compensation, even if a recall notice was issued. However, simply owning a product that was later recalled does not give you the legal right to sue the manufacturer unless the specific product caused you harm and you suffered damages as a result. In such cases, you must stop using the defective product immediately to avoid further injury and call our national product liability law firm for a free consultation.
When manufacturers become aware of safety problems with their products, they are required by federal law to issue recalls. These recalls are required by U.S. government agencies such as the Food and Drug Administration (FDA), the Consumer Product Safety Commission (CPSC), and the National Highway Traffic Safety Administration (NHTSA). If a recalled product injured you, you could be qualified to file a lawsuit to receive monetary compensation. However, product injury lawsuits can be complicated, and it is essential that you have an experienced product injury lawyer at work on your product liability claim. In all states, the time you have to file your product liability lawsuit is limited. Therefore, you must speak to the caring attorneys at Parker Waichman LLP about your product injury case as soon as possible to protect your legal rights.
In a product injury lawsuit, the damages your attorney will be demanding can include medical bills, lost wages, pain and suffering. In some cases, the courts may allow a plaintiff to receive a punitive damage award. To obtain economic compensation for damages caused by a dangerous or recalled product, seek medical attention immediately, document what happened, and hold on to the defective product, packaging, and instructions. Speaking with an attorney with experience in handling product injury cases is also recommended.
How to Win Your Product Liability Case
Winning a product liability case requires a combination of strong evidence, legal expertise, and a strategic approach. Here are some steps that may help increase your chances of success in a product liability case:
- Gather evidence: Collect as much vital evidence as possible to support your case, including medical records, product, product packaging, photographs, witness statements, and any relevant documents or correspondence.
- Consult with one of our experienced product liability attorneys: The attorneys at Parker Waichman LLP have the experience in product liability cases that you need to build a strong case. They can also advise you on the best course of action to take, such as negotiating a settlement or taking your case to trial.
- Determine liability: Identify all parties who may be liable for your injuries, including the manufacturer, distributor, and retailer. Your attorney can help you determine who is responsible and how to hold them accountable.
- Prove negligence or strict liability:Â Depending on the circumstances of your case, you may need to prove either negligence or strict liability. Negligence requires showing that the defendant failed to exercise reasonable care in designing, manufacturing, or distributing the product, while strict liability imposes liability on the defendant regardless of fault.
- Establish causation:Â You must establish a causal link between the defective product and your injuries. This may require expert testimony or other evidence.
- Demonstrate damages:Â Finally, you must demonstrate the damages you suffered as a result of your injuries, such as medical bills, lost wages, and pain and suffering.
By following these steps and working with one of our experienced product liability attorneys, you have the best chance at winning your product liability case and recovering the compensation your case deserves.
If a defective product has harmed you or a loved one, the product liability attorneys at Parker Waichman LLP can advise you about the process of filing a product injury lawsuit. Our product liability attorneys fight for the compensation our clients’ cases deserve.
CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW
Call us today at 1-800-YOUR-LAWYER (1-800-968-7529) or visit our website to schedule a free, no-obligation consultation. Don’t wait. Please take action now to protect your legal rights and hold those responsible accountable for their actions, because the time you have to file your claim is limited by state law.
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