There’s nothing worse than buying a product that doesn’t work. In most cases, a broken part or shoddy craftsmanship is to blame. However, some defective products can actually lead to injury or death. That’s why it’s crucial to know your legal rights and fight for monetary compensation from the company. Here are the steps to take after sustaining an injury due to a defective product:
- Seek Medical Care Immediately
No matter the injury, getting medical care should be the first step. Untreated injuries can get worse over time. Some issues, like internal bleeding, are invisible without a professional examination. Depending on the injury, make an appointment with your primary care physician or head directly to the emergency room. Those who seek medical care quickly often have better outcomes. It’s also easier to document the extent of your personal injury. Unsure what to document? You can find more information here.
- Keep Clear Records
Documentation is essential when filing a personal injury claim. The defendant must prove the defective product was the direct cause of the injury, and every piece of evidence is critical. Be sure to take photographs of the product and any injuries. If the building sustained damage, it’s important to photograph it as well. Keep a written diary of the events, including the time and date. It’s also wise to check the CPSC recall list to see if the product poses a known danger.
- Get Legal Help
Anyone hurt by a defective product should consult a personal injury lawyer as soon as possible. They will evaluate the case and give advice on how to proceed. Additionally, they will help collect any evidence and documentation for the case. Whether the case goes into mediation or to trial, an attorney will do everything possible to get the claim ready for the next steps.
- Understand the Type of Claim
There are different types of defective product claims. The most common are manufacturing issues, design defects, and insufficient warnings. Manufacturing defects happen whenever something goes wrong during production. Design problems relate to a provable flaw in the initial design. The flaw must make the product unsafe for consumer use. Insufficient warnings occur whenever a company fails to provide proper instruction on how to use the product safely and correctly.
- Prove Negligence
Proving negligence is essential to winning a defective product personal injury claim. The defendant must identify every responsible party, whether it’s the manufacturer, distributor, wholesaler, or employee. Negligence may involve one or more parties, and a lawyer will determine if one person is more liable than others.
- Determine Monetary Damages
Every victim has a right to adequate monetary compensation. A personal injury lawyer will add up any damages to determine an appropriate settlement. Compensation may include medical bills (both current and future), pain and suffering, or lost wages. Damages vary significantly from case to case. The victim needs to prove the product caused the injuries and show negligence to be compensated fairly.
Life After a Defective Product Injury
Consumers shouldn’t have to buy in fear. Products should perform as advertised without worry, but this isn’t always the case. Sometimes things go wrong during the manufacturing process, and people get hurt. Anyone who sustains an injury due to a defective product should contact a personal injury attorney to start building their case right away. Following these easy-to-navigate steps will help make the process go smoother.