You never think about a product causing you harm when you purchase it. Sadly, some products cause harm because they are defective. When a defective product injures a person, that person can file a product liability claim against the responsible party or parties seeking compensation for injuries, losses, and damages.
The first step is to contact an Indiana injury lawyer to discuss the procedure for filing a product liability claim. Our product liability lawyers walk you through each step of the process and provide the support, guidance, and legal counsel you need to help you seek justice for your injury.
Gathering Evidence
One of the first things we will do when you hire our firm to file a product liability claim is to investigate the injury and gather evidence. It is very important for you to keep all the parts, pieces, and packaging for the defective product. We may need to conduct testing on the product to determine what defect caused your injury. We need to know how the product was defective to determine what type of product liability claim needs to be filed.
Product Liability Claims
There are three basic product liability claims:
- Dangerous or defective design
- Problems with manufacturing such as mistakes, defective manufacturing processes, or other errors in the process
- Failing to provide adequate instructions or warnings about the proper use of the product
Identifying how the product is defective is important because that information leads to the identity of the party or parties responsible for your damages. For example, if a manufacturer decides to use a different material to make a product other than the material specified by the design, the manufacturer is liable if the product injuries a person because the material was substandard or caused a defect in the product. You must file your claim against the party who is liable for the defect to be able to recover compensation for your injuries.
We must also know how the product is defective to prove to a court that the defect was the direct cause of your injury. For example, if the brakes on your vehicle are defective and you crash, we must prove that the cause of the crash was the brakes and not the fact that you were distracted at the time of the accident. Investigating is part of the process, and we need as much time as possible to conduct a proper investigation before filing a lawsuit.
Filing a Product Liability Lawsuit
As with other personal injury cases, we attempt to settle the claim outside of court to save you time and money. However, if the company refuses to negotiate in a fair and just manner, we are prepared to file a lawsuit and take the matter to court. Filing a lawsuit will lengthen the process of recovering compensation for your injury, but it is sometimes necessary to achieve a more positive outcome.
If the case is not settled before trial, we argue our case in front of a jury. The company or its insurance company may pay the verdict if the jury rules in your favor or it may appeal the verdict. In many cases, the company pays the verdict if it knows that the case is strong and an appeal will only result in more costs and fees.
Call for a Free Consultation with an Indiana Injury Lawyer
To schedule your free case evaluation, contact The Ken Nunn Law Office by calling 1-800-CALL-KEN or 1-800-225-5536. We accept most cases on a contingency fee basis — you don’t pay our attorney fees until we recover compensation on your behalf.
