3 Ways to Prepare for a Product Defect Lawsuit


Thousands of people suffer injuries due to product defects every year.  A product is considered defective if it has any flaws or it malfunctions during its intended use and causing injuries or illness as a result. Injuries caused by product defect fall into three categories – manufacturing defects, design defects or marketing defects.  Before filing a lawsuit it is important to know which parties can be held responsible.

Lawsuits can fall into 3 different categories – negligence, liability, or breach of warranty case. Depending on circumstances the vendor, manufacturer, or even the designer can named as the defendant in the lawsuit. A consumer can hold a single party or multiple parties responsible for any injuries they may have sustained due to a defect in the product.

However, winning such lawsuits is not easy. The burden of proof is placed on you meaning that you are required to demonstrate that the named defendant was responsible for injuries sustained as the result of using the product. Coupled with the fact that you have never been part of a personal injury lawsuit before, chances are you need to hire a personal injury lawyer to help. Below are 3 ways you can benefit from a personal injury sustained due to a product defect.

1. Easier process

When you sustain illness or injuries from a product, it can be scary and emotional. As mentioned, chances are you have no experience with the personal injury cases at all and do not even know where to begin. Therefore, you need someone on your side to guide you through the process and make it as easy on you as possible.

A plaintiff may be offered compensatory damages to pay for any damages caused by a defect in the manufacturer’s product. Damages can range from medical expenses and cost of disability due to an injury, property damage, or loss of revenue. Hiring an experienced attorney is able to represent your interests and make sure you get the compensation you deserve. This can occur by acting on your behalf with companies and insurance providers or representing you in court if the case goes to trial.

2. Retention

When you have been the victim of a product defect, you need to take action right away. This is because your illness or injuries that have occurred as a result of the defect may have left you unable to work and in turn unable to pay for rent, your mortgage, bills, and other expenses. The quicker you retain a lawyer, the more likely your lawsuit can be pursued in a timely manner.

Lawyers work on a contingency basis. They are not paid if your claim is not successful. That is why it is hard to find a lawyer if your case is not somewhat winnable. This works in your favour because only a lawyer that will win your case will take it on. Therefore, you have the peace of mind knowing that your lawyer will work hard for you and have your best interests in mind because of you are not successful, he/she does not get compensated for their services.

3. Assistance with compensation amount

When you are considering a lawsuit, it is very difficult to put a number value on your illness or injuries that have occurred as a result. Requesting too much may make you look greedy and the case may be thrown out of court. Asking for too little may mean that the defendant may settle but then you may not get the compensation you need.

An experienced personal attorney is able to accurately put a number on what compensation you should be requesting. He/she will know that your compensation should include enough to cover medical bills, long-term care if needed, rent or mortgage payments, bills, and personal expenses. They will also factor in their fees that can include payments for investigators that help add credibility to your case.