The Consumer Product Safety Commission (CPSC) reports that 11.7 million people were treated in emergency rooms in 2021 because of product-related injuries. Product injuries are uniquely frustrating – when being injured by a product designed to improve your life warrants confusion and anger.
Product injuries are filed into a category of law called product liability. Victims of product liability incidents can pursue compensation for their injuries. Product liability law can allow you to file a lawsuit or seek an insurance claim. These forms of compensation could offset your medical costs. A Coteau Holmes product liability lawyer from Laborde Earles Injury Lawyers can explain your legal options to you.
Compensation Available to Product Liability Victims
Compensation in product liability cases is broken into distinct categories called damages. Damages are available to victims regardless of the way they choose to pursue compensation. They include:
- Lost wages
- Medical expenses
- Property damages
- Reduced earning capacity
- Pain and suffering and other forms of emotional trauma
- The loss of a loved one, known as wrongful death damages
Our legal team can pursue these damages on your behalf.
How Much Will I Receive?
Settlements vary considerably in product liability cases. According to the Insurance Information Institute, the value of a product liability case can be as low as a couple of thousand dollars and as high as several million dollars. The valuation of these cases hinges on multiple factors, including:
- The type and severity of injuries you’ve suffered
- The economic impact of your injuries
- The outcome of settlement negotiations
This variability means that it’s difficult to estimate the value of a case without a close review. A Coteau Holmes product liability lawyer from our team can offer you a free case evaluation. During this review, we can evaluate the potential value of your case.
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Do I Need to Hire a Product Liability Lawyer?
According to the Eastern District Court of Louisiana, “if you wish to initiate a civil action in federal court but do not have an attorney to represent you, you may file it on your own.” Choosing to proceed without a lawyer will make you a pro se litigant. Choosing to represent yourself is an entirely legal option during a product liability case.
However, it’s important to consider the challenges associated with these cases, including:
- The involvement of aggressive insurers
- Juggling the specifics of your case amidst healing from your injuries
- Adhering to courtroom procedures is difficult; your case may be thrown out if you make a mistake
Our lawyers are here to alleviate this stress. We can:
- Gather evidence
- Build your case
- Manage communications with insurers
- Negotiate for the best settlement award possible
- File an insurance claim or lawsuit
Winning your case so you get paid is our primary goal. However, we also seek to make your legal experience painless. To lower your stress level, we can:
- Answer your questions
- Keep you updated on the status of your case
- Evaluate your case for free
How Expensive Are Product Liability Lawyers?
Product liability cases can be expensive. Medical costs are rarely cheap. We know how hard surprise expenses can be on victims and their families. We won’t add to these financial concerns, though. Our team uses a contingency-fee payment plan. This means that:
- You don’t have to pay us up front.
- We don’t get paid unless we win your case.
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Who Can I Sue During a Product Liability Case?
There’s a range of possible liable parties in a product liability case. Briefly, if a party is liable, that means that they are at fault. When a party is at fault, they’re usually responsible for compensating whomever they injured.
Louisiana R.S. § 9:2800.54 outlines the criteria for liability in product liability cases:
- The product didn’t have proper safety warnings.
- The product was dangerous in “construction or composition”.
- The product had an unsafe design.
- A breach of warranty occurred.
To win a product liability case, your lawyer will need to prove that one of the above examples is true. Potentially liable parties in these cases include:
- A product manufacturer
- A retailer
- A wholesaler
We can work towards proving that someone else was responsible for your injuries. This entails gathering evidence before ultimately proving fault.
Pursuing Compensation
The pursuit of compensation usually entails one of two approaches:
- Filing a lawsuit: Filing a lawsuit involves gathering evidence and presenting your case in the courtroom. We can act as your legal representative during this process. Oftentimes lawsuits are settled before they go to court, though, through a process called mediation.
- Filing an insurance claim: If the party that harmed you carries liability insurance, we can file an insurance claim. During this process, we can negotiate with insurers on your behalf.
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Product Liability Cases Have a Deadline
Product liability cases in Coteau Holmes have a deadline called a statute of limitations. The personal injury statute of limitations in Louisiana is one of the shortest in the nation. You only have one year after your accident to file a lawsuit in Louisiana, per CC Art. 3492. It’s best to get started on your case as soon as you can so you don’t miss this deadline.
There are several other benefits to getting a head start on your case, too:
- It provides you and your legal team with more time to build a case.
- It ensures that witnesses don’t forget what they know about your accident.
- It informs the liable party that you intend to act.
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Common Types of Product Liability Cases
The CPSC provides an up-to-date list of recently recalled products. These are a few common products that appear on this list:
- Home appliances: Home appliances, while usually benign, can cause serious injury if they malfunction. Recently, Generac and DR power washers were recalled due to a carbon monoxide risk.
- Toys: Toys present a unique risk to infants and toddlers. Younger children are prone to putting small objects in their mouths. If toys have small moving parts, they can pose a choking risk to children.
- Make-up: Poorly manufactured skincare products can contain unsafe chemicals or bacteria. In 2018, a foaming face rinse was contaminated with infectious bacteria. This contamination ultimately led to a product recall.
Keep in mind that a product doesn’t necessarily need to be recalled for you to file a lawsuit. Our Coteau Holmes product liability lawyer can tell you if you have grounds for an insurance claim or lawsuit in your product liability case.
Our Product Liability Lawyers Are Here for You
We stand by the residents of Coteau Holmes. We care about the communities we support throughout Louisiana. If you or a loved one were harmed due to a consumer product, contact Laborde Earles Injury Lawyers for a free case evaluation with one of our product liability lawyers today.
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULTATION
24 hours a day • 7 days a week
