If you have been hurt by a dangerous or defective product in Alexandria, Louisiana, you might be able to pursue a claim for compensation against the manufacturer. An Alexandria product liability lawyer can talk to you about your situation and let you know if you might qualify to take legal action.
You do not have to suffer in silence. When companies make unsafe products, they can be held accountable to the people those items harm.
What Product Liability Means
The Legal Information Institute of Cornell Law School defines product liability as “the liability of any or all parties along the chain of manufacture of any product for damage caused by the product.” The product could be defective in design or its manufacture. Also, if the manufacturer or supplier knows about latent defects of the product, they can be liable for failure to warn consumers of those problems that might injure them.
Let’s say that you want to sue the company that sold you a defective product that harmed you. You will need to prove these things:
- You used a product that the defendant, a commercial seller, sold
- The product harmed you
- The item was defective at the time the defendant sold it
- The actual and proximate cause of your getting hurt was the defect, whether that defect was the design, manufacture, or failure to warn
The primary grounds for product liability claims are negligence, breach of warranty of fitness, and strict liability. These cases are sophisticated litigation. Your product liability attorney can explain these terms and concepts to you.
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A Fair Settlement Amount for Your Alexandria Product Liability Case
There is no automatic sum that you can recover after successfully proving your product liability claim. Every case is different. The amount that you can pursue in money damages from the defendant or defendants will depend on multiple factors, like how severe your injuries were and how well you healed from them.
Let’s say that you got injured when the power steering in your vehicle failed because of a design defect. Your car ran off the road and crashed into a tree. Here are some of the damages that you might be able to pursue in this situation:
- The reasonable cost of medical treatment for your wounds
- Ongoing medical intervention made necessary by your injuries
- Loss of income when you could not work because of your injuries. This might encompass weeks or months while you were recuperating
- Loss of future income if you develop long-term functional limitations that keep you from earning as much money as before the accident
- Disfigurement for extensive scars from your wounds
- Pain and suffering to compensate you for the emotional upset, discomfort, and inconvenience of the accident and your injuries
Your Alexandria product liability lawyer can explore your situation to see if you might have additional losses to add to your claim.
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What to Do If You Get Hurt by a Dangerous or Defective Product
You will need to deal with many issues after getting hurt by a dangerous and defective product. Here are a few of these steps you might want to consider taking to protect your health and the financial value of your product liability claim:
Complete Your Medical Treatment
It can be tempting to complete some of your prescribed medical procedures and then want to take a break before finishing the remaining treatment, like surgery or physical therapy. When you have a product liability case pending, it is in your best interest to complete the medical intervention your doctor prescribes before entering into a settlement with the defendant.
When you settle your claim, you will have to sign a waiver or release that prohibits you from going after additional compensation for losses from the accident. Because of this document, the defendant will not have to pay for any future medical treatment that was not included in the settlement.
Save the Item That Injured You
It will be nearly impossible to prove that the product was defective and that the defect caused harm to you if you no longer have the item. In our scenario, you will want to have your lawyer secure the car rather than letting it get sent to the scrap yard after getting “totaled.”
Talk to an Alexandria Product Liability Lawyer About Your Claim
Evidence can disappear quickly. For example, a car can get sent to the junkyard within a day or two of a crash. It is imperative to get an attorney on board who can try to prevent the loss of essential evidence as soon as possible.
Another advantage of having a lawyer representing you from the beginning is that you can relax and focus on getting better and stronger while your lawyer does the heavy lifting on your legal matter. When you have an attorney, you do not have to deal directly with the insurance company or their claims adjuster.
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Three Traps to Avoid in Your Alexandria Product Liability Claim
The financial value of your product liability claim is not determined entirely at the moment of the accident. Here are three things that can happen weeks or months later that could lead to a lower settlement offer or even a denial of liability on the part of the defendant.
Recorded Statements
After your accident, the insurance company will assign a claims adjuster to look into the situation and assess whether they have liability. As part of the investigation, the claims adjuster might ask you to give a recorded statement, supposedly to tell your side of the story.
In reality, the insurance company will use the transcript to try to find any reason to deny liability and blame you for the accident. If you have a lawyer, the insurer can get all the information they need from your attorney.
Low-Ball Settlement Offers
Many people who try to handle their product liability claims by themselves have no idea how much their claim is worth. The claims adjuster’s job is to try to settle as cheaply as possible. People who accept the first offer from the insurer often receive much less money than they truly deserve.
Trying to Handle Your Claim as a DIY Project
If you try to handle your product liability claim yourself, you might make procedural mistakes that could get your entire case thrown out of court. For example, Louisiana has a short filing deadline. If your case is not settled by this date, called the statute of limitations, you will need to file a lawsuit or lose all rights to compensation.
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How to Find the Right Lawyer for Your Case
If you need an Alexandria product liability lawyer, you can contact Laborde Earles Injury Lawyers today. We are happy to offer a free initial consultation with no obligation.
Let us help you hold those responsible for your injury accountable and get the justice you deserve.
Get The HelpYou Need(318) 777-7777To Schedule a FREE CONSULTATION
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