Have You Suffered A Defective Product Injury?

Law Blog

As you shop and purchase various products, you trust that the manufacturers have taken all the necessary steps to ensure your safety. Unfortunately, that is not always the case. Sometimes manufacturers release defective or unsafe products on the market. You are entitled to compensation when you come in contact with a faulty or dangerous product and sustain a personal injury. But first, there are several steps your personal injury lawyer will advise you to take. 

1. Seek Treatment

Your health and safety should always be your priority. Make sure you seek medical treatment for your injuries. Not only will medical treatment get you out of pain, but it will document your injuries in your medical record. 

This documentation may become essential later in your injury case. Your attorney will submit your medical records as evidence. They will prove the extent of your injuries and establish and document some of your incurred medical expenses.

Follow up with any recommended treatment, even if you must pay out of pocket or file your medical insurance. You will receive reimbursement for these expenses once you settle your claim. Follow-up is essential to your medical treatment and personal injury case.

2. Safeguard The Product

Collect the product, any packaging, and your receipt, and keep it safe until you consult an attorney. Take pictures of everything. Document what took place. Your documentation should include dates, times, how you used the product, and the resulting injuries. 

3. Check For Recalls

Sometimes defective products are already under recall. You can check if the manufacturer recalled the product that caused your injury by visiting the Consumer Product Safety Commission at cpsc.gov/Recalls. Showing that stores were still selling the defective product after a recall could also make the seller a party to your lawsuit.

4. File A Claim

To file a personal injury claim, there are three things you must prove. These include the following:

  • You were injured or suffered an illness
  • The product you used caused the injury or illness
  • The product was defective

Be aware that most states have a statute of limitations or a limited amount of time when you can file your personal injury lawsuit. While there are a few exceptions to this rule, the court may dismiss your case if you do not meet an exception requirement. 

A personal injury case due to a defective product is not just about your compensation. The steps you take may protect others from future injury.  

For more info, contact a local personal injury attorney


28 February 2023

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