Compensation for Defective Product Injuries
If your injury was caused by a defective product and you have medical bills, a lawsuit may be able to recover money for you. Many victims of defective products also receive money for future medical care related to their defective product injury.
Pain and Suffering
Some victims of defective products will be able to recover money for pain and suffering. This form of compensation is for things such as stress, anxiety, or distress from your injuries.
If you missed time from work after being injured by a defective product, a lawsuit may be able to help mitigate the damages. If you missed work, there could be compensation for the time missed due to medical leave.
The availability of punitive damages largely depends on where you live and where you file your defective product lawsuit. Punitive damages are awarded to people after companies do egregious things or knowingly produce defective products.
Frequently Asked Questions: Defective Product Lawsuits
Who will be held liable for an injury from a defective product?
Everyday, major corporations sell defective products that injure people.If you were injured from a defective product, you may be able to sue the manufacturer, the wholesaler, or the retailer.
Can I really win against a major corporation?
Yes! Unfortunately, defective product lawsuits are common. Many defective products were designed dangerously and the company still sold them. The only way to hold a corporation responsible for their actions is a lawsuit.
What kind of compensation can I receive?
Injured victims may be able to receive money for medical bills, lost wages, pain and suffering, and possibly even punitive damages. The severity of your injuries often will determine your settlement amount. Families that lost a loved one may also be able to recover damages in a product liability lawsuit.
What if the defective product was recalled?
If a defective product is recalled you may still be able to reach a settlement with the manufacturer, wholesaler, or retailer. The impact of defective product recalls can vary from state to state.
Can I afford an Indiana defective product lawyer?
Yes. A Woods & Woods defective product lawyer will never charge a penny unless you win. Our fee is a percentage of the settlement and case expenses. If you lose your defective product lawsuit, you owe us nothing.
How can I find out if I have a defective product lawsuit?
Woods & Woods defective product lawyers always offer free legal consultations. Since 1985, we have helped thousands of injured people and their families. Our lawyers fight hard to get our clients the money they deserve.
Four Grounds for Product Liability Lawsuits
Design Defect Lawsuits
Product liability lawsuits are often the result of a defective design. These lawsuits are filed under the legal theory that the product was designed defectively. These lawsuits are generally filed against the manufacturer who designed the defective product.
Failure to Warn Lawsuit
In a failure to warn lawsuit there are four things your product liability attorney may try to prove. The first is that the defendant knew of the potential danger of the product. The second is that the defendant had a duty to warn of the danger. The third factor is that the defendant was negligent in their duty to warn. The fourth element is that the plaintiff was injured because of the failure to warn.
Inadequate Warning Label Lawsuits
Inadequate warning labels can hurt and kill innocent victims. Consumers expect the products they buy to inform them of the product’s dangers. When a company uses inadequate warning labels and someone is injured, you can file a lawsuit to recover damages.
Manufacturing Defect Lawsuits
Manufacturing defect lawsuits occur when a manufacturer makes a product incorrectly. While design defect lawsuits focus on the design of the product, manufacturing defect lawsuits focus on the actual manufacturing process. This means the product may have been designed correctly, but it became a dangerous product because it manufactured wrong. Sometimes its very small processes that make a product inherently dangerous.
Three Theories of Liability in Defective Product Lawsuits
Breach of Warranty
Defective Product Injuries Are Common
When we bring home toys for our children, buckle up in our cars, or use a lawnmower, we expect these products to work properly and safely. Unfortunately, products just like these sometimes break or have a defect in their designs that can cause serious defective product injuries that leave us in pain, out of work, and dealing with steep medical bills.
Defective product injuries can happen for several reasons. Defective products can be made with poor quality materials, designed improperly, or simply break down. All of these problems point back to negligent manufacturers that cut corners in favor of profit and getting their products on shelves.
Your Woods and Woods product liability attorney is committed to fighting for the rights of those who have been hurt by defective products. Our defective product lawyers are experienced and knowledgeable and will fight to get the compensation victims need to cover medical bills, lost wages, and pain and suffering.
About Product Liability & Defective Product Lawsuits
We expect the products we use daily to be safe and not cause injuries. The sad truth is lots of companies manufacture defective products. If you have been injured, a Woods & Woods defective product lawyer can help.
There are many legal theories for monetary recovery in defective products lawsuits. Some defective products lawsuits revolve around the manufacturer’s knowledge that the product was defective. These defective product lawsuits will try to prove that the manufacturer knew or should have known the product was defective.
Other lawsuits will revolve around proving there was a safer alternative design. These lawsuits try to prove that the manufacturer could have easily designed the product safer. Some defective products lawsuits will try to show that there was a manufacturing defect. These defective products lawsuits will attempt to show that the defect is due to the manufacturing process and that something went wrong during the manufacturing process.
Whatever the legal theory your product liability attorney chooses, you need to remember that you only have a limited amount of time to file a defective products lawsuit. Statutes of limitations set deadlines for how long you have to file a defective products lawsuit. Don’t hesitate to call our defective products law firm, we have legal professionals standing by 24/7 to take your call.
Facts About Product Liability Lawsuits
- Defective product injuries are more common than you would think.
- Injured people can hold the retailer, manufacturer, or distributor liable for injuries.
- You can receive money for medical bills from a defective product lawsuit.
- Some victims get money for lost wages.
- Pain and suffering damages are available to people injured by defective products.
Defective Products and Liability
After a defective product injury, many people are left wondering: who is responsible for my injury? Liability can vary from state to state depending on their laws. Often, the liable party is the manufacturer of the defective product. Many defective product lawsuits happen because the manufacturer knew or should have known the product was defective. Many lawsuits are for design errors or for manufacturing errors. Each case has a different set of facts and will have its own theories for recovery. Your defective product lawyer will decide who will make the best defendant.
Time Limits on Filing a Defective Product Lawsuit
There are time limits to filing a defective product lawsuit. Statutes of limitations will determine the time period available for you to file a defective product lawsuit. Statutes of limitations depend on many things like: where you live, when the injury occurred, when you bought the product, and other various factors.
Many states have a two year statute of limitation. That means if your injury occurred over two years ago, a product liability attorney may not be able to help because your legal window has closed. Be aware that every state can set their own statute of limitation. Your state may have a longer or shorter period of time by which you can file a product liability lawsuit.
The time limits on product liability lawsuits means you should contact a defective product lawyer right after the injury if possible. Your product liability lawyer may want to preserve evidence that can disappear with time.
The Loss of a Loved One From A Defective Product
Unfortunately, many injuries from defective products are severe enough they can cause death. For families left behind, you may have the option to file a lawsuit against the manufacturer, retailer, or distributor of the defective product. While this money cannot bring back a loved one, it can help ease your pain during this tough time in your life.
Talk to a Product Liability Attorney
Since 1985, Woods and Woods has been fighting major corporations on behalf of its injured and disabled clients. Our law firm never charges a penny unless you win your defective products lawsuit. We offer free legal consultations to anyone who has questions. There is never an obligation to sign with our law firm if you want a consultation.