When a product is released to the general public, manufacturers are responsible for ensuring its safety for use as intended. Still, negligent companies release defective and unsafe products.
If you suffered injuries or after using a defective product, you deserve compensation for your losses. At Laborde Earles Injury lawyers, our personal injury lawyers will review your case and help you hold a liable party responsible for your injuries. Our LaPlace product liability lawyers are here to pursue the justice you deserve.
How a LaPlace Product Liability Lawyer Can Help You
If a defective product injures you, you might find yourself suddenly burdened with medical bills and the prospect of a legal battle ahead. Overall, this can be incredibly complicated and stressful. But having a lawyer by your side can significantly reduce your stress and allow you to focus on recovering from your injury.
Pursuing compensation will require you to perform a number of tasks, and you may not even know where to begin. Fortunately, a product liability lawyer from Laborde Earles can complete many of these tasks for you.
Ways a product liability lawyer could help you include, but are not limited to, the following:
- Be your source of expert legal advice
- Clarify your legal rights to you and work to protect them
- Be a confidante and companion during your challenging time
- Develop a strategy for recovering compensation
- Thoroughly investigate your case
- Find the party liable for your damages
- Gather crucial evidence and use it to build your claim
- Calculate all of your current and future injury-related damages
- Negotiate a settlement with insurance companies
- File a lawsuit and represent you in court, if needed
Gathering Evidence
To collect compensation, you must prove that you suffered damages and another party is liable for them. Both of these must be thoroughly supported by evidence. For this reason, it is essential to know what evidence to look for and how to use it to support your claim. A product liability lawyer knows what information will provide supporting evidence, where to go, and with whom to speak.
Evidence your attorney can help you gather may include the following:
- Police reports and 911 call recordings from the incident in which you were injured
- Medical bills to prove monetary damages associated with your injuries
- Medical records to prove the extent and severity of your injuries
- Surveillance footage, if any, that recorded the incident
- Photos that detail your injuries and their progress over time
- Affidavits from eyewitnesses to the incident
- Testimony supporting your case from expert witnesses, such as police officers, first responders, doctors, engineers, accident reconstructionists, economists, psychologists, life-care planners, etc.
- Photos of property damage
- Property damage replacement or repair cost evaluations
Finding the Liable Party
There are several potentially liable parties in a product liability case. Indeed, from its conception to its use by a consumer, a product changes hands multiple times.
The product that hurt you could have been dangerous from the outset, or at some point before you received the product, it could have been altered or damaged in a way that caused it to injure you. As such, it can be challenging to pinpoint which party is liable for your damages.
A product liability lawyer with experience in these matters will know how to track down the liable party so you can hold them accountable. Potentially liable parties in a product liability case include the following:
- Manufacturers
- Shipping companies and delivery drivers
- Distributors
- Wholesalers
- Retail stores
- Maintenance companies
Negotiating with the Insurance Company
We may begin seeking compensation by filing a claim for compensation with the liable party’s insurance company. Your goal will be to settle out of court for an amount that fairly compensates you for your damages.
Unfortunately, this process doesn’t always go smoothly. Insurance companies are profit-driven, so they will seek to undermine your claim and minimize the amount they have to pay you. A LaPlace product liability lawyer can present evidence of negligence and your damages and negotiate for nothing less than what you deserve.
Representing You in Court
Sometimes you and the insurance company cannot agree on a fair settlement, and negotiations will come to a standstill. If this happens to you, our product liability attorneys are ready to file a lawsuit, represent you in court, and fight for the compensation you deserve.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientNegligence in Product Liability Cases
In most personal injury cases, to prove the liability of another party, you must establish the following essential legal elements that show that they were negligent:
- They owed you a duty of care to avoid acting in any way that could injure you.
- They breached their duty of care by acting negligently, such as intentionally selling a damaged and dangerous product.
- Their breach of duty directly caused your injuries.
- You incurred damages due to your injuries.
According to RS 9:2800.54, a product can be considered unreasonably dangerous due to its:
- Construction, composition, or design
- Lack of adequate warning documentation
- Non-conformity to the manufacturer’s express warranty
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientDamages in a Product Liability Claim
Depending on the situation, a defective product can cause injuries that range from minor to fatal. Still, even minor injuries can be expensive to treat. And you may have to miss work while recovering and, in turn, lose income.
The financial costs of a personal injury can add up quickly and continue mounting into the future. Moreover, you may also have non-economic damages that take a personal toll and don’t come with a price tag. Therefore, our product liability attorneys are committed to fighting for every penny you deserve.
Damages you could recover in a product liability case include the following:
- Medical expenses—ambulance fees, emergency room care, surgeries, hospital stays, physical therapy, medications, doctor visits, etc.
- Lost income from missing work due to your injury
- Diminished earning capability due to a long-term or permanent disability
- Property damage repair or replacement expenses
- Physical pain and suffering
- Emotional anguish and psychological trauma
- Permanent scarring and disfigurement
- Long-term or permanent disability
- Wrongful death damages, such as funeral and burial costs, loss of household income, loss of benefits, and loss of consortium
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientProduct Liability Statute of Limitations in Louisiana
In Louisiana, the statute of limitations for product liability (CC Art. 3492) and wrongful death (CC Art. 2315.1) lawsuits is shorter than in many other states. You have just one year from when you were injured to pursue legal action against the liable party. Because of this, you should start seeking compensation as soon as possible.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientWork With a LaPlace Product Liability Attorney Today
If you need legal advice and representation due to suffering an injury caused by a defective, Laborde Earles Injury Lawyers can help. Our LaPlace product liability attorneys can explain the process of pursuing compensation for your losses. Contact us today for a free consultation and learn more about your legal rights and options.
