If you have been injured as a result of a faulty product, you may be aware that you have the ability to recover damages related to your injury through a product liability claim. However, do you know all of the ins and outs of the claims process? Here are six things you should know before filing your claim.
There are thousands -- if not millions -- of products that could potentially result in a defect that gives rise to a product liability claim. However, all of these cases generally fit into three basic types of claims, including:
In order to have a successful outcome to your product liability claim, you must be able to show the following elements:
Product liability claims fall under personal injury law. Settlements and awards in this type of case are generally paid by the manufacturer or distributor's insurance policies. Because of this, often the fight is as much against the defendant's insurance carrier as it is against the liable party. It is estimated that up to 95 percent of personal injury claims are settled between the claimant and the defendant's insurance carrier before the case ever sees the inside of a courtroom. That said, it is important to hire an attorney with extensive experience both in settling product liability claims as well as in litigating product liability case and who feels equally comfortable about either method of obtaining compensation on your behalf.
Just as there are three basic product liability claims, there are also three potential causes of action that this type of claim can be filed under. Those causes of action include:
Product liability cases, like all personal injury cases, have a time limit in which the case can be filed. This is known as a statute of limitations, and failure to observe this time limit can result in you being unable to make your claim. It is also important that your product liability claim be filed in the proper courthouse in your jurisdiction or the jurisdiction where the liability occurred. Determining the right jurisdiction is one of the many services your attorney can provide for you.
Product liability claims are complex and time-consuming. Having an attorney to guide you through this process is crucial to your ability to claim the highest amount of compensation available in your case. Contact us today for experienced guidance in this legal process.
Met with Robert after I had a car accident in Pembroke Pines. Very nice man. Nice staff who answered my questions and got a good settlement.
Great lawyers, great attention to detail, great trial strategies. I am a trial consultant who has worked with the top attorneys in the United States. NKP are the best of the best.
Amy Singer, Ph.D, Trial Consultant
Neufeld, Kleinberg & Pinkiert, PA handled my case against Uber for me and got me a great settlement after I was involved in an accident. They handled all of the negotiations with my doctors and with the other lawyers to get me the best deal possible. I definitely recommend their services!
Daniella Di Prizio
Neufeld, Kleinberg & Pinkiert, PA handles a variety of personal-injury cases. We understand that you are concerned about getting healthy, getting back to work, paying your bills and of course, being fully compensated for your loss. Contact us to start the path to wholeness from your injury today.Get Consultation
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How do you determine a settlement value? This varies case by case. A claim can determine settlement value based on what medical bills and injuries may cost.
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