How to Increase the Chances of Winning a Defective Product Liability Claim

If a defective product injures you, the manufacturer may be liable. This means they’re responsible for your hard costs, such as lost income and medical bills. Additionally, they’re also liable for general damages like inconvenience and physical pain. If you have sustained severe injuries due to product liability, the case is more complicated than you think. This means an attorney should handle your claim to get anywhere near the amount of settlement deserved. 

Suppose you want to win a product liability lawsuit against a manufacturer. In that case, you will need to show that the product that caused your injury was improperly manufactured, designed, or damaged before you began using it. Our guide highlights a few of the most critical facts about product liability cases you need to understand.

   1. Include the General Damages

In many cases, insurance adjusters never value pain and suffering as highly as the injury victim does. This means that no one other person than you understands how your injury has affected you. Law experts from recommend seeking an experienced attorney when dealing with a product liability lawsuit. Many insurance companies use the term ‘pain and suffering’ when referring to general damages. This means the harm you suffered has no objective measurement. Some general damages can include physical suffering, embarrassment, and psychological distress. Ideally, your general damages claim should be in proportion to your physical injuries. In many cases, adjusters keenly look at exaggerated injury claims and will not hesitate to deny your claim if it’s not credible.

   2. Think About Your Expectations

How to Increase the Chances of Winning a Defective Product Liability Claim

It will help if you understand that the insurance business is like any other business. They will go at any length to save money and protect the product manufacturer’s interests; They may seem nice at first when you’re negotiating a claim. However, they will not give out an extra penny than is necessary. If the negotiations go past the hard costs, it means the insurance company has accepted some liability for their insured’s actions. This doesn’t mean they will come openly and admit the manufacturer did anything wrong, no. It means the adjuster may say they are willing to pay a part of your claim as a goodwill gesture. They will dig deep in their coffers if you ask more than your initial expenses from the injury.

   3. Have All the Evidence at Hand

This is up to you to give the insurance company a good reason to pay everything over your injuries. If you provide more evidence about your physical discomfort or emotional stress, it will be easier for the adjuster to pay a more considerable amount. You should have medical reports which detail your itching, pain, swelling, or any other physical discomfort of your injuries. Additionally, you should also provide a doctor’s report restricting you from engaging in strenuous physical activities. It will also help if you offer witness statements that describe the event of your injury. The statements should contain information showing the subsequent need for assistance when you’re carrying out your day-to-day activities.

   4. Understand What Caused the Injury: A Defective Product or Just the Product?

Once it’s ascertained what made the injury occur and medical reports back it up, the next step is to prove that the product was the cause. In some states, it means showing that the product was defective without reasonable doubt. This is what you should note: a product that may cause an injury is not always defective. Multiple products can cause damage, and typically any product, if misused, can be considered harmful. The bottom line here shows that the product was defective due to a manufacturing flaw or its design. If you’ve used the product in the recommended manner and it still causes injury, this means there’s a design issue or a manufacturing defect. This allows for a successful claim and increases your chances of winning the case.

   5. Prove That the Injury Has Affected Your Life

Even a minor injury like injured toes or fingers caused by a defective product still counts as part of the damages. It means the injuries sustained can affect your daily activities for weeks or even months. Try using vivid language to explain how the injuries have affected your life. However, we should advise against exaggerating as this may cost you your settlement. Ensure medical records back your claims. Additionally, also explain how your injuries and the limitations prescribed by your physician have interfered with your day-to-day activities.

We recommend hiring an experienced lawyer who will help with your claims. Seeking a legal opinion means you can make more informed decisions on your claim’s value and the advantages and disadvantages of a lawsuit. If your claim is successful, it might motivate other individuals with similar issues to hold companies and manufacturers accountable for their actions.

Written by George K.

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