Everything You Need to Know About Wrongful Death and Product Liability
by lauraramos | November 5th, 2019 | Product Liability, Wrongful Death
We often trust products that are marketed to us as safe, especially when said product is used properly or as advised by the manufacturer.
It isn’t a courtesy that these product manufacturers owe the public a duty of care when making sure their products are safe for the public to consume. If their products are defective, consumers are placed at a high risk of sustaining an injury or even worse, a fatality.
If you have lost a loved one due to an injury caused by a defective product, then you may be eligible to file a claim for wrongful death. At Ramos James Law, PLLC, we have years of experience in representing clients affected by product liability, and we know how to handle negligent manufacturing companies.
What is Considered a Wrongful Death?
A wrongful death happens when a person dies due to the legal fault of another negligent party. It is something that can range from car accidents to something more complex such as product liability. Normally, persons, companies, corporations, and government entities–the latter only in certain cases outside of sovereign immunity–are all entities that could be held responsible for a wrongful death.
When we consider a wrongful death within the scope of product liability, however, the death more than likely happened because the product did not work correctly or because safety warnings on the product were not clear–or present–leading to the fatal wound.
What Is Considered a Defective Product?
Defective products are analyzed by experienced product liability lawyers like Laura of Ramos James Law, PLLC, to see if the manufacturers of these products went outside of their duty of care that is required of them.
There are three categories that a product liability attorney must consider when it comes to a product liability claim:
- ◘ Design – The product was unsafe before it is even manufactured. Its design will not render proper usability or safety.
- ◘ Marketing – The product was marketed incorrectly and/or with weak instructions, incorrect labeling, and insufficient safety precautions and protocols.
- ◘ Manufacturing – This means that the product was not properly put together during the manufacturing process to ensure proper use and safety.
Consumers can be injured by a large scope of products including vehicles, home appliances, medical equipment and devices, protective and sports gear, children’s toys and products, and even medicine.
If any of those resound with the experience you have felt from your product liability injury, don’t hesitate to reach out to Ramos James Law, PLLC, today to fight for the compensation you deserve.
Compensation That Can be Recovered for Wrongful Death
If someone dies due to a product defect, a survivor from their immediate family may be able to file a wrongful death lawsuit against the product manufacturer and other parties involved such as suppliers and retailers. Beware, however, as there is a statute of limitations to file a wrongful death claim of two years after the death happened, so it is important to act fast as you can and file your claim as soon as possible.
Although the loss of a loved one is tragic and can feel like you’ve lost everything, there are two major reasons to file a lawsuit. First, to receive compensation for your loss, and second, to recover damages from the accident. Examples of damages that can be recovered include:
- ◘ Deceased’s medical expenses
- ◘ Funeral Costs
- ◘ Lost wages and a loss of earning capacity
- ◘ Loss of consortium/companionship
Do not wait any longer to file your claim for wrongful death due to product liability. At Ramos James Law, PLLC, we take pride in our years of experience fighting negligent companies that put profits over people with their defective products, and we are prepared to take them on and win your case.