Building a Product Liability Claim
Defective products litigation is a complex area of law. Multiple parties may be liable for a defect that causes serious injury or death. Thorough investigation is key for identifying all of the at-fault parties and recovering the full extent of damages.
An experienced product liability attorney can help you and your family pursue compensation for injuries sustained as a result of a defective product. Knowledgeable legal guidance is crucial for achieving a favorable settlement or result at trial in these cases.
To prepare a product liability claim, your lawyer will generally take the following steps:
Examination of the Product
Your attorney will need to prove that you suffered serious or catastrophic injury as a result of negligence in the manufacture, design, or warnings for a product, or as a result of a defect in the product. This may require the services of one or more expert witnesses who can analyze the product for defects.
Engineering experts can testify on potential design flaws that made the product vulnerable to failure. Experts will testify as to how the product deviates from accepted manufacturing standards, increasing the risk of injury when the product is used as intended.
You may be able to pursue damages on the theory of strict liability. To recover compensation in a strict liability claim, you are not required to prove that negligence on the part of the liable parties was a factor. Rather, you must show that the product in question was defective, and the defect caused your injuries.
Identifying the Liable Party or Parties
The liable parties in a defective product claim may include those involved in the design, manufacturing, and distribution of a faulty product. When it comes to mass consumer products, a number of different agents and companies can play a role in bringing a product to market.
Product liability attorneys and hired experts can determine the parties in the chain of commerce by:
- Examining the serial number on the product
- Checking the product and its packaging for warning labels
- Examining the serial number or lot number on the packaging for the product
- Reviewing receipts, instruction manuals, warranty information, and other documents you may have from your purchase of the product
Recovering full compensation for your injuries and damages in a product liability claim depends on taking action against all of the at-fault parties. Thorough investigation is crucial for identifying each of the defendants in your case.
Assessing Your Injuries
Defective products can result in a wide range of serious injuries. To build your claim, your attorney will work closely with your doctors and hire medical experts to investigate and document the severity of the harm you suffered from the defective product.
Medical records and other documentary evidence combined with expert testimony can help to establish the cause of your injuries and how serious they are.
Calculating Your Damages
If you suffered serious injuries due to a defective product, you may be entitled to significant compensation. However, accurately calculating the full value of your losses can be difficult without experienced legal guidance.
Through comprehensive review of the evidence, your lawyer can advise you what damages may be recoverable in your case. Potential damages in a product liability claim can be categorized as follows:
These damages constitute actual financial losses you sustain as a result of a defective product injury. They may include:
- Medical expenses, including hospitalization, surgery, medications, etc.
- Lost wages
- Property damage
- Costs you incur for home and lifestyle modifications, medical-related travel, etc.
Your product liability claim should account for both your present economic damages and expected financial losses in the future. For example, if your injury prevents you from working, you may be entitled to compensation for the income you have already lost as well as the loss of earning capacity.
Unlike economic damages, non-economic damages do not have a definite dollar value. Rather, these damages are calculated based on the impact they have on your life.
Pain and suffering is the most well-known type of non-economic damages. You may also be able to recover compensation for the loss of enjoyment of life, emotional distress, loss of consortium, and more.
Contact a Product Liability Attorney in Providence Today
As you can see, product liability claims are complex. When you are trying to recover from a serious injury or rebuild your life after the loss of a loved one, you need experienced legal guidance to help you pursue compensation from those responsible for the defect.
For more than 40 years, Mandell, Boisclair & Mandell, Ltd has been serving clients in defective products litigation. Our goal is to give you a sense of relief by taking on the challenges of your case so you can focus on taking care of yourself and your family.
Please call (401) 273-8330 today for a free consultation. Our product liability attorneys serve clients in Providence and throughout Rhode Island.