Product manufacturers must adhere to specific quality standards, ensuring their products are safe for consumption.
However, some product manufacturers can cut corners or fail to adhere to the quality standards, leading to consumer injuries.
If a product harms you, you can sue the company for damages.
Consumers should know their rights and determine if they are entitled to compensation when a defective product injures them.
The following tips will help you determine if you should pursue compensation when a defective product injures you:
Consulting an Expert Personal Injury Attorney
The first step to knowing whether you are entitled to compensation when injured by a defective product is to know the law.
By understanding the law, you can determine if you were the victim of negligence and build a strong case.
Contact a local personal injury attorney, as they will help you better interpret the law.
If you are from Philadelphia, consider consulting Brent from Wieand Law Firm, a personal injury lawyer.
There are three main types of product liability claims: defect claims, manufacturing, and marketing defects.
Therefore, you may receive compensation from the manufacturer, distributor, wholesaler, or retailer who sold the product.
Go To The Doctor
You should seek medical help immediately after being harmed by a defective product. Your health is the most important thing, and you will be unable to seek compensation if you are unhealthy.
Some injuries will be apparent and threatening, but others may be latent for weeks before the symptoms become apparent.
It would be best if you went for follow-up visits until you are sure you have an injury.
Going to the doctor proves you suffered an injury or injuries from using the product, so be sure to save any medical records from the doctor’s office.
Damages
Damages refer to the compensation you receive in a personal injury case. If you have a case against a defective product, you and your attorney must prove that the product caused you to suffer losses.
You will not be entitled to compensation if you cannot prove it. There are two main types of damages regarding product liability; compensatory and punitive.
Compensatory damages refer to compensation to the injured party for injury or illness caused by using the product.
Compensatory damages will attach an economic value to every negative thing you experience due to the defective product.
The damages will include compensation equal to the value of the injury or illness.
Compensatory damages could include payment for economic losses like loss of income, property loss, and medical bills. It could also include non-economic losses like pain and suffering.
On the other hand, punitive damages are meant to punish the guilty party for their negligence or malice which caused the personal injury.
Product manufacturers are the ones who often pay punitive damages, and it can be a considerable sum if it affects many people.
What You Have To Prove
A personal injury case can take a long time, depending on how easy it is to prove your case. You will have to provide evidence about the defective product to receive compensatory damages.
You will have to provide negligence on the manufacturer’s part, which you can do by showing negligence increased the product’s propensity to injure the user.
You will also have to prove there was an insufficient warning on the label to the user, increasing the chances of injury.
To win the case, you have to prove without a doubt that the injury would not have occurred were it not for the manufacturer’s negligence.
You should educate yourself to know if you are entitled to compensation after using a defective product.
You should know product liability law which a lawyer can help you with, seek medical attention, and know what damages you can receive and what you have to prove.
You should clearly determine if you will receive due compensation if you learn that.