There are various ways a person could sustain injuries as a result of using a consumer product. Sometimes, accidents occur because a product is defective or unreasonably dangerous. Accidents may also occur if a product’s marketing materials or instructions fail to provide users with warnings regarding how to safely use said product.
Have you been injured in an accident involving a potentially defective or dangerous item? You may be eligible for financial compensation if so.
Consider reviewing your case with a product liability attorney to learn more about your legal options. Their expertise could potentially improve your chances of winning a case.
The Role of a Product Liability Attorney
A product liability lawyer could assist you in many ways if you have a valid case. The following are a few noteworthy examples of what a lawyer specifically does for their clients in these circumstances:
Identifying the Liable Party
Seeking compensation in a product liability case typically involves filing a claim with the insurance company of the negligent party responsible for your injuries. You must therefore properly identify said negligent party before you can take legal action against them.
Negligent parties in a product liability case may include:
- The product’s manufacturers if they overlooked a defect
- The product’s designers if they overlooked a design flaw
- The product’s marketers if they didn’t provide proper safety information
Accurately identifying the negligent party can require thoroughly investigating your accident and the condition of the product in question. A product liability attorney may handle this task on your behalf.
Arguing Against Claims That You Were Negligent
The insurance company of the negligent party may not necessarily offer a fair settlement right away when you file a claim. It’s not uncommon for insurers to attempt to avoid paying claimants if they have reason to believe they can do so.
There are several ways an insurer might try to get out of paying you what you’re owed when you file a claim. For example, they may argue you sustained injuries because you were using the product irresponsibly. If such allegations are inaccurate, your lawyer could potentially gather evidence showing that the cause of your injuries was an unreasonably dangerous product, and not the way you were using it.
Calculating Damages
Don’t make the mistake of assuming a lawyer can promise you will receive a certain amount of compensation when they accept your case. Lawyers can’t ethically guarantee specific settlement amounts.
That said, your lawyer can negotiate aggressively on your behalf for a settlement that’s fair given the extent and severity of your losses and damages. They can also calculate damages by accounting for all your compensable losses resulting from an accident.
Your damages may consist of economic losses, such as your medical bills and lost wages if your injuries have rendered you unable to work. They may also include such non-economic losses as pain and suffering. Your attorney may account for both, ensuring you’re pursuing the full amount of compensation for which you may be eligible.
Representing You in Court
A product liability attorney may strive to settle your case out of court to help you receive the compensation you deserve as quickly as possible. However, when an insurance company refuses to offer an appropriate settlement, going to court may be necessary.
A product liability attorney can help you decide whether going to court is a wise decision. If you do file a lawsuit to seek damages in court, your lawyer can also offer the representation you deserve.
Product Liability Lawyers Hold Companies Accountable
Securing compensation after a dangerous product causes injury doesn’t merely benefit you. Taking legal action in these circumstances could also protect others by demonstrating to the negligent party that there is a price to pay for overlooking consumer safety.
That said, it’s important to be aware that negligent parties in these cases often have significant resources to defend themselves. A product liability attorney can level the playing field, helping you seek justice.
The Krist Law Firm, P.C., offers product liability services to clients in and around Houston, Texas.
