Injured by a Defective Product? Here Are Your Next Steps
by lauraramos | September 22nd, 2022 | Product Liability
No one ever expects to be injured by a product they have purchased, especially when they are following the directions properly and utilizing the item safely.
However, there are many instances in which defective products and goods may cause significant damage to a user. Whether the result of a manufacturing defect, poor instructions, inaccurate marketing, or bad design, you deserve to have your rights protected.
If you have been injured by a defective product, the Austin product liability lawyers at Ramos James Law, PLLC, are here to help you obtain the justice you need.
First Steps To Proving Your Case
The first step you should take is to save the product itself. If it is in pieces, gather up all the pieces you can find, and DO NOT attempt to fix or alter the product. Attempting to fix the issue can make proving your claim more difficult, as the defendant may argue that your alterations are what caused the issue.
You should also take photos, particularly for larger items. Store this evidence away along with any receipts, packaging, and other proof that you bought the item firsthand. The more evidence you can provide, the greater the likelihood for a successful claim.
Injuries suffered as a result of the defective product should also be documented. Journaling the situation and photos of the actual damages are vital elements that should be captured. You may do this immediately after the injury or when you are seeking medical care; you can also ask your doctor to help you document what happened. Your medical records are a great resource for proving your injury and subsequent medical costs.
You also need to keep records from every appointment related to the injury. If the injury was serious or caused permanent damage, ask your doctor to document this for you. These documents will help your Austin product liability lawyer prove your case in court.
How To Start Your Product Liability Claim
While you may be tempted to contact the manufacturer or seller of the defective product, this can hurt your claim in the long term.
Do not take any steps without consulting an experienced product liability attorney who can review your situation. A reputable and dependable product liability lawyer can advise you on your case, help you determine the best actions to take, and help you begin to establish your claim.
Once you have chosen an attorney, they will begin helping to gather evidence and determine which parties are liable for the damages you have suffered. While product liability claims do take time, exceptional legal counsel will help improve your chances of getting the compensation your case deserves.
Remember, not all lawyers are experienced in product liability cases, so you’ll want to obtain the support of a product liability attorney in Austin to give your claim a chance in court.
Challenges to Your Case
One possible defense the defendant may claim is that you did not sufficiently locate a guilty party.
Other defenses may include accusing you that you altered or damaged the product yourself. This is why keeping the product and as much related material is essential. Your case can also be dismissed if you take too long to file it, so working fast can help your case succeed.
While your attorney can create a strong case, you should do what you can to help them succeed.
Your Austin Product Liability Lawyer Is Ready To Help
If you or a loved one have been injured, consulting an attorney is the first step you should take after you’ve obtained medical care. The sooner you begin working with a product liability attorney, the stronger your case can become.