Introduction
If you have been reading the news, you might have heard about how the world’s top automobile manufacturers frequently recall vehicles to fix issues regarding manufacturing defects. From General Motors to Toyota, everyone seems very proactive in this regard.
The simple reason why such recalls are taking place is that companies, big and small are worried about the negative repercussions that may arise in the form of accidents and injuries to consumers.
Product Liability Lawsuits are important as the damages they might cause can be life-altering. You are looking at everything from simple injuries and first aid bills to the more grievous ones needing long time recuperation and hospital charges. In the worst possible scenario, the loss of life can also take place.
In this article, we speak to leading Parkland product liability lawyers and ask them as to how normal people should go about filing lawsuits.
Product Liability Lawsuits: What are they?
A product liability case is a kind of a civil lawsuit, which falls under the Personal Injury bracket. In such a case, an individual, who has been using a brand and its products suffer from an injury, because of carelessness, ignorance, or a compromised nature of a product.
In other words, the manufacturer has not done their due diligence and tested the product over a period to ensure that it is safe for human use.
Injuries or death resulting from the same can lead to users filing a product liability lawsuit and claiming compensation for their losses.
How to File a Product Liability Lawsuit in 5 Easy Steps
- Safeguard the Defective Product as Evidence-
The first and most important piece of evidence in your product liability lawsuit is the defective product itself. You need to ensure that you have placed the defective product under proper care and supervision. This is what is referred to as evidence protection. If the manufacturer is able to get their hands on it, they are likely to tamper with it to escape any wrongdoing on their part.
- Hire a Competent Product Liability Lawsuit Attorney-
Individuals need to understand that this area of law is highly specialized. Given that big manufacturers can be involved you need to ensure that your attorney is competent enough to handle the onslaught of the bigger companies during the case. They have vast legal resources at their disposal and will try everything to ensure that they do not have to offer compensation.
- Document your Medical History-
If you have suffered from an injury following using the defective product, you need to ensure that you have all the prescriptions, test records, bills, and other important documentation in order. This will help you state your claim for compensation during the settlement process or if the case goes to trial. Keep all files, photocopies, and even store the data in a cloud.
- Ensure you file a Claim within the Time Limitation-
Individuals need to understand that different states have set different time periods for filing product liability lawsuits. In some states, the same can be a period of one year. In others, it can be restricted to three months. It is important that you are proactive in your approach to these things and work with your attorney to ensure that you are meeting the deadlines of filing.
- File the Claim with Proper Paperwork-
This is where you will find how helpful a trained product liability lawyer can be for your case. In most states, the lawsuit is filed with the clerk of the concerned court. The process is detailed and intricate and would require that your attorney does not make any mistakes. It is important that you keep a copy of all the paperwork for personal use. Following your filing, the opposing party is going to receive a summons for the same from the court.
The Final Word
A product liability lawsuit should not be handled lightly. For big companies, their reputation, credibility, and branding can be called into question, something, which they will try to refute with their incredible battery of lawyers. By following the above five steps, you can ensure that you have the most chances of successfully filing and claiming compensation for your product liability lawsuit.