Over the years, consumers and companies have grown aware of their liabilities and rights, for good. Companies can no longer exploit their consumers, and vice-a-versa. Perhaps, strict laws around product liability and consumer protection acts have a significant role in this betterment.
Nevertheless, many consumers, and companies alike, are still unaware of the fact that there are legal implications of personal injuries caused due to faulty products, directly or indirectly.
To put this into perspective, let's consider a situation. You purchase a toy for your 6 years old. The manufacturer, whereas, fails to mention handling instructions and warnings. And somehow, your child gets hurt playing with the toy.
In this case, you can file a personal injury suit against the manufacturer, for not sharing the necessary information. The manufacturer would subsequently be scrutinized and stood liable for the same if found guilty.
There are plenty of such examples, that you can find around you in everyday life. But, what's important is knowing how you can file the claim. Or rather, finding out if you can file a claim at all.
Thankfully, this article is all about company liability for personal injury!
Knowing Your Case Is The First Step
Of course, being injured is insufficient in proving what caused the injury in the first place. And subsequently, if there's no proof of how the injury is caused your case rests weakly.
In order to be able to prove that the injuries you or your loved ones have sustained are caused directly by the product, you need evidence. And a strong one. A good example is finding out if the product had a defect before you purchased it. Or you can also make note if the manufacturer provided you with the proper instructions and warnings.
Being able to collect these pieces of evidence, you can certify that you stand a claim. And furthermore, you can now file your claim in the court of law.
Beginning With The Filing Procedure
Once you have all the necessary proofs with you to connect your injury with the product failure, the next step is to file the claim. However, it is a lot easier said than done.
First of all, you'll need a good personal injury attorney on your side to help you navigate through the process. When looking for a personal injury attorney, look for someone who has extensive experience in cases that match your particular need.
For example, there are many types of personal injury claims, and product liability is just one of them. So, you need to be sure that your attorney has experience dealing with product liabilities.
What Your Attorney Would Do For You
After you hire the befitting personal injury lawyer for your case, half of your work is done. Yet, it does not mean you've won the case.
- In most cases, your attorney would ask you some questions. For example, when did you buy the product? How did the injury occur? And, so on...
- Besides, they would also ask for the pieces of evidence that you already have with you, such as the bill or the instructions manual. Since most of the further investigation relies on these two primary pieces of evidence.
- Your attorney would then take a note of the particular fault that the manufacturer is liable for. Certainly, there are many types of faults, as explained here, https://www.fighterlaw.com/practice-areas/personal-injury/ breach of warranty, negligence, implied liability, and strict liability. And accordingly, there are different implications.
- Your attorney would also help you find more firm pieces of evidence that can further fortify your claim. For example, tracking down the defect in the product, origins of the defect, and the extent of damage it caused.
What Documents Would You Be Required To Fill And Submit?
The last thing that you would want to be worrying about is all the necessary documentation. Although your attorney would be present by your side to help you navigate through this. Imperatively, it is best if you already familiarize yourself with these formalities.
- The first necessary documentation is filing a formal complaint. A complaint is what tells the court that something wrong has happened and who is supposedly stood liable for the same. In this case, you'd be explaining that you sustained an injury and the reason for your injury is a defected product. Further, giving brief details about what happened and how you demand to be compensated, you would be concluding your complaint. Notably, you'd need to pay a filing fee with the court clerk
- Once you have the complaint filed in the court of law, it is important that you share a copy of the same with the defending party. In this case, the defending party would be the product manufacturer or the retailer or supplier. Along with the copy of the complaint, you'd also need to share a summon. The same can easily be procured from the court clerk.
Is Settling The Case In The Court Of Law Mandatory?
As a consumer, all you would want is justice to be served and the at-fault party is paying compensation for your loss and suffering. Of course, for this to happen, it is necessary that you approach the court. Yet, it is not mandatory that you settle for the court's judgment. Or, in other words, there are other alternatives as well in some personal injury cases.
In most of the cases, the defendant and the plaintiff would seek an out of court settlement. Usually, the defendant would make an offer compensating for the losses. And if the offer suits the plaintiff, they may accept it.
Notably, if the offer made is not as good as expected, the plaintiff may decline, in which case, either a new offer is made or the case proceeds into the court hearings.
To sum it up, it can be said that filing a personal injury claim for product defects, you'll need much more than just medical bills and invoices. Nonetheless, if you proceed the right way, you can certainly expect legal justified compensation for all your pain and suffering from personal injuries.
