You hear about defective product accidents far too often nowadays. These are quite scary in the larger cases of vehicle or aircraft malfunction that put so many people’s lives at risk. Even in the smaller examples, they are still frightening because of the risk that many of them can pose to our children and animals. The worst part about it is that none of these are intentional, although some are due to negligence, and there are few ways to really prepare for them as long as you are handling or using the product properly.
If you’ve been a victim of a defective product while using or consuming it in the intended manner there’s a good chance that you are entitled to more reimbursement than you think. Depending on how serious your injury is and how it affects your life, your compensation claim can be quite large. This is where an experienced personal injury attorney will do their best to make sure that you have a solid case and all the bases have been covered. Now, let’s talk about the details involved in cases like these:
First, you have to identify all of your damages before making the initial complaint. The more serious your injury, the higher the value of your defective product case. It’s challenging to add on to the claim after it is made, so it’s important that you go over every detail with your personal injury attorney to prepare your case as best you can from the start. The type of defect - whether it’s a manufacturing or design problem or a failure to provide warnings or proper usage instructions will impact the value of your case.
Common defective products include:
- Breast implants
- Commercial airplanes
Your documents involving the case are very important as they are with any personal injury claim. You need to include the medical records of all the injuries that you suffered involving the accident so that your reimbursement claim reflects the seriousness of your damages and that you are compensated all that you deserve. This will include all medical expenses incurred, loss of wages or profits, pain and suffering, spousal complications (such as loss of consortium), etc.
If your life has been drastically changed in a negative way because of the defective product that you used and have suffered any permanent scarring, disability or loss of quality of life, you should include it for more compensation for your damages.
It’s worth noting that if there is a class-action lawsuit related to the product because of widespread problems, you may be better off initiating your own claim rather than throwing in with a class action suit so you won’t have to share your damages with other victims.
Punitive damages (or pain and suffering) usually increase the amount of a personal injury suit because they tend to include additional compensation that isn’t associated with the details of your case (such as medical bills which will ultimately go to your doctor). Punitive damages go one step further if the guilty party was being malicious, reckless, demonstrating oppressive behavior, etc. These damages are intended to punish the negligent party so they will be more aware of their actions in the future or else.
It’s hard to be prepared for something like this to happen to you or a loved one. They are called defective products for a reason because they were not meant to be distributed in the shape that they were. We are ready to help you get your life back to normal after an unexpected accident involving a product that you trusted. Nelson Barry has the experience that you need and a 98% success rate with personal injury cases to prove it. Call us today for a free consultation of your accident.