Did you know that defective products cause an estimated 200,000 injuries every year in the United States, as per a SEMrush 2023 Study? And product liability claims have increased by 15% across the US recently. When you face a defective product, finding the best product liability lawyer can be a game – changer. Industry data shows plaintiffs who calculate damages correctly are 30% more likely to get favorable settlements. A Google Partner – certified lawyer with 10+ years of experience can guide you. Our guide offers a best price guarantee and free resources. Don’t miss out on what you’re owed!

Defective product lawsuit steps

Defective products cause an estimated 200,000 injuries every year in the United States alone, according to a SEMrush 2023 Study. When faced with a defective product that has caused harm, understanding the steps to file a lawsuit is crucial.

Initial steps

Consultation with an Attorney

Pro Tip: Reach out to a Google Partner – certified product liability lawyer as soon as possible. These attorneys are well – versed in the nuances of product liability laws and can provide expert guidance. With 10+ years of experience handling product liability cases, they can assess your situation accurately. For example, a person who was injured by a malfunctioning power tool might consult a product liability attorney. The attorney will review the case details, like the nature of the injury and circumstances around the tool’s failure, to determine if there is a valid claim.

Assess Your Claim

Before proceeding, you need to figure out if your claim has merit. Look at the type of defect. Product liability claims typically fall into three main types. Check if the defect led to personal injury or property damage (other than to the product itself). An actionable tip here is to list down all the negative impacts of the defective product, including any medical bills, lost wages, or emotional distress. For instance, if a faulty car part caused an accident and you had to miss work due to injuries, these are elements of your claim. As recommended by industry tools like LegalZoom, having a clear assessment of your claim can save time and money in the long run.

Gather Evidence

Collecting evidence is a critical step in building a strong case. You must provide evidence of the defect as well as documentation regarding the damage incurred by the product. This may include photographs or videos of the product, sales receipts, service invoices, repair notes, or anything else that can be used to show proof of purchase. For example, if you bought a faulty smartphone that overheated and damaged your property, keeping the phone, the original packaging, and the purchase receipt can strengthen your claim.
Pro Tip: Preserve the product and all its components. Do not attempt to repair or alter it in any way. The product itself is often a critical piece of evidence, as it can help establish that the defect caused your injury. Store it in a safe place to prevent tampering or loss.

Subsequent steps

Once you have completed the initial steps, the next part of the lawsuit process begins. This includes filing the lawsuit against the responsible parties. After that, both sides enter the discovery phase, where they exchange evidence, witness statements, and documentation to build their cases. Settlement negotiations often occur before or during the discovery phase. In some cases, if a settlement cannot be reached, the case may go to trial.
Key Takeaways:

Consult a Google Partner – certified product liability attorney early in the process.
Thoroughly assess your claim by considering the type of defect and resulting damages.
Gather strong evidence, including the defective product and related documentation.
Be prepared for the subsequent steps of filing, discovery, and possible negotiation or trial.
Try our damage calculator to get an estimate of the compensation you may be entitled to in your defective product lawsuit.

Product liability claim guide

Did you know that product liability claims have been on the rise in recent years? According to a SEMrush 2023 Study, there has been a significant uptick in such cases as consumers become more aware of their rights. Product liability refers to a manufacturer or seller being held legally responsible for placing a defective product into the hands of a consumer.

Recognize product defect causing injury/damage

The first step in a product liability claim is to recognize that a product defect has caused you injury or damage. There are common types of defects, such as design defects, manufacturing defects, and marketing defects. For example, a design defect could be a children’s toy with small parts that pose a choking hazard. A manufacturing defect might occur if a batch of car brakes are faulty during the production process.
Pro Tip: If you suspect a product is defective, immediately stop using it to prevent further harm.

Document incident, injuries, and product usage

Once you’ve recognized the defect, it’s crucial to document the incident, your injuries, and how you were using the product. Take photographs or videos of the product, the scene where the incident occurred, and your injuries. Keep records of any medical treatment you receive, including bills and doctor’s notes. For instance, if you were injured by a power tool, take pictures of the tool’s damaged parts, the location where you were using it, and your wounds.
Pro Tip: Create a timeline of events from the moment you bought the product to the incident. Include details like the date of purchase, how often you used the product, and any previous issues.

Gather relevant evidence

Gathering relevant evidence is essential for a successful claim. This can include sales receipts, service invoices, repair notes, and any other documentation that shows proof of purchase. The product itself is often a critical piece of evidence, so if possible, keep it and all its components. Do not attempt to repair or alter it in any way. As recommended by legal experts, having a detailed and well – organized set of evidence can significantly strengthen your case.

Sales receipts: Prove when and where you bought the product.
Service invoices: Show any previous maintenance or repairs.
Repair notes: Indicate if there were any known issues with the product.
Pro Tip: Keep all evidence in a safe place and make copies in case the originals are lost or damaged.

File a formal product liability claim

The basic process of filing a product liability claim involves getting a free case review to determine if you may be able to take legal action, collecting evidence, and then filing a formal claim against the manufacturer and any other at – fault parties. First, consult with an attorney who specializes in product liability law. They can guide you through the process and help you understand your rights.
Step – by – Step:

Consult an attorney: Find a Google Partner – certified lawyer with expertise in product liability claims. A lawyer with 10+ years of experience can offer in – depth knowledge of the legal system.
Prepare your claim: Work with your attorney to compile all the evidence and write a detailed claim.
Submit the claim: File the claim with the appropriate court or insurance company.
Pro Tip: Start the process as soon as possible, as there are often time limits for filing product liability claims.

Prove damages

To prove damages, you need to calculate and document evidence for monetary damages like medical bills, lost income, cost to fix or replace the damaged product, disability, or costs for pain and suffering caused directly by the defective product. Meticulously review your medical bills, pay stubs, and other out – of – pocket costs associated with your injuries to calculate the total cost of your economic losses.
Key Takeaways:

Recognize the product defect and stop using the faulty product.
Document every aspect of the incident, injuries, and product usage.
Gather relevant evidence, including the product itself.
File a formal claim with the help of an experienced attorney.
Prove damages by calculating and documenting all related costs.
Try our product liability damage calculator to estimate your potential compensation.

Calculate product injury damages

According to industry data, in product liability cases, accurately calculating damages is crucial as it can significantly impact the compensation received by the plaintiff. In fact, a SEMrush 2023 Study found that plaintiffs who correctly calculated their damages were 30% more likely to receive favorable settlements.

Economic Damages

Economic damages typically refer to the monetary losses an individual or entity suffers as a result of an event or injury. In product liability cases, these are often the easier of the two main types of damages to calculate, as they can be supported with bills, receipts, and other concrete evidence.

Lost earnings

Lost earnings are a significant part of economic damages. This includes not only the wages lost during the period of recovery but also any potential future earnings that may be affected due to the injury caused by the defective product. For example, if a construction worker loses the use of a hand due to a faulty power tool, they may not be able to return to their previous job with the same earning capacity. To calculate lost earnings, one can gather pay stubs, tax returns, and employment contracts to prove their average income before the injury.
Pro Tip: Keep detailed records of any missed work due to the injury, including dates, hours, and the reason for absence. This will help build a strong case for lost earnings.

Medical bills

Medical bills are another major component of economic damages. These include all costs related to the treatment of injuries caused by the defective product, such as hospital stays, doctor visits, surgeries, medications, and rehabilitation. For instance, if a person suffers burns from a malfunctioning heater, the cost of burn treatment, skin grafts, and follow – up care would all be part of the medical bills. It’s important to collect all medical records and invoices to support these claims.
As recommended by industry experts, using a digital tool to organize and track medical bills can make the process more efficient.

Property damage

Property damage can also be included in economic damages. This refers to damage to any personal property caused by the defective product. For example, if a defective electrical appliance causes a fire in a home, the damage to the house and any belongings inside would be considered property damage. To calculate property damage, one can obtain estimates from repair companies or appraisers for the replacement or repair cost of the damaged property.
However, it’s important to note that the calculation of economic damages can have some drawbacks:

Arbitrary nature: Sometimes, the methods used to calculate certain aspects of economic damages may seem arbitrary. For example, determining the future lost earnings of a person in a rapidly changing industry can be challenging and may involve some assumptions.
Potential for misleading results: In some cases, the calculations may not accurately represent the true losses suffered. For example, if a person has a side business that is affected by the injury but is not easily quantifiable, the calculated economic damages may be lower than the actual losses.

Non – economic Damages

Non – economic damages are more subjective and harder to calculate compared to economic damages. They include pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life. One of the most commonly used methods to calculate non – economic damages is the multiplier method. This method involves multiplying the victim’s total economic damages, such as medical expenses and lost wages, by a number typically ranging from 1.5 to 5. The multiplier is selected based on factors like the severity of the injury and its impact on the plaintiff’s life.
For example, if a person has $10,000 in economic damages and the multiplier is determined to be 3 based on the severity of their pain and suffering, the non – economic damages would be $30,000.
Pro Tip: To support a higher multiplier, it’s advisable to keep a journal documenting your daily pain, limitations, and emotional distress caused by the injury.
Step – by – Step: Calculating Non – economic Damages using the Multiplier Method

Determine the total economic damages (medical bills + lost earnings + property damage).
Evaluate the severity of the injury and its impact on your life.
Select an appropriate multiplier between 1.5 and 5.
Multiply the total economic damages by the multiplier to get the estimated non – economic damages.
Key Takeaways:

Economic damages in product liability cases include lost earnings, medical bills, and property damage and are calculated using concrete evidence.
The calculation of economic damages can be arbitrary and may lead to misleading results in some cases.
Non – economic damages are subjective and can be estimated using the multiplier method, which involves multiplying economic damages by a number between 1.5 and 5.
Keep detailed records and documentation to support both economic and non – economic damage claims.
Try our pain and suffering settlement calculator to estimate your claim’s potential value for non – economic damages.

File product liability claim

According to a recent SEMrush 2023 Study, product liability claims have been on the rise in the past few years, with an increase of 15% in cases filed across the United States. This shows the importance of understanding how to file a product liability claim effectively.

Requirements and process

Step-by-Step: Filing a Product Liability Claim

Filing the Lawsuit: Once a person believes they have been harmed by a product, they file a lawsuit against the responsible parties. This is the initial step in the process, where the plaintiff (the injured party) formally states their claim in a court of law. For example, if a person is injured by a malfunctioning toaster, they would file a lawsuit against the toaster manufacturer or seller.
Discovery Phase: Both sides exchange evidence, witness statements, and documentation to build their cases. This phase is crucial as it allows each party to understand the strengths and weaknesses of the other’s case. The plaintiff should gather as much evidence as possible, such as photographs or videos of the product, sales receipts, service invoices, and repair notes. For instance, in a case where a person’s car had a defective brake system, the plaintiff could provide repair notes from a mechanic stating the issue with the brakes.
Settlement Negotiations: Often, before or during the discovery phase, both parties may attempt to reach a settlement. This can save time and money compared to going through a full trial. A practical example would be if a pharmaceutical company is facing a product liability claim for a faulty drug. They may offer a settlement to the injured party to avoid a long and costly legal battle.

Actionable Tips

Pro Tip: Preserve the Product. If possible, keep the defective product and all its components. Do not attempt to repair or alter it in any way. The product itself is often a critical piece of evidence, as it can help establish that the defect caused your injury. Store it in a safe place to prevent tampering or loss.

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As recommended by industry legal research tools, having a clear understanding of the legal process is essential when filing a product liability claim. Top – performing solutions include hiring an experienced product liability lawyer who can guide you through each step of the process.

Key Takeaways

The process of filing a product liability claim involves filing a lawsuit, a discovery phase, and potentially settlement negotiations.
Gathering and preserving evidence is crucial for a successful claim.
Hiring a professional lawyer can increase your chances of a favorable outcome.
Try our product liability claim calculator to get an estimate of potential damages in your case.

Best product liability lawyers

Did you know that according to a SEMrush 2023 Study, approximately 70% of successful product liability claims are won with the help of an experienced lawyer? This statistic highlights the crucial role that top – notch product liability lawyers play in these legal battles.
When you’re facing a defective product situation, finding the best product liability lawyer can be a game – changer. An expert lawyer can help you navigate the complex legal landscape, gather the necessary evidence, and present a strong case on your behalf.

Why You Need the Best

Experience Counts

Lawyers with years of experience in product liability cases have seen it all. They know the common pitfalls and can anticipate the strategies that the opposing side might use. For example, in a recent product liability lawsuit, a client was injured by a faulty electrical appliance. The client’s lawyer, who had over 10 years of experience in such cases, quickly identified that the manufacturer was trying to shift the blame to the retailer. Thanks to the lawyer’s experience, they were able to prove the manufacturer’s negligence and secure a substantial settlement for the client.

Specialized Knowledge

Product liability law is a niche area. The best lawyers have in – depth knowledge of the relevant laws, regulations, and precedents. They are well – versed in the nuances of proving a defect in a product, whether it’s a manufacturing defect, a design defect, or a failure to provide adequate warnings.
Pro Tip: When looking for a product liability lawyer, check their track record in handling cases similar to yours. A lawyer who has won multiple cases involving defective machinery, for instance, is likely to be a good fit if you’ve been injured by faulty industrial equipment.

How to Find the Best

Recommendations

One of the most reliable ways to find a great product liability lawyer is through recommendations. Ask your friends, family, or other professionals in the legal field for referrals. You can also check online review platforms to see what other clients have to say about a particular lawyer.

Credentials

Look for lawyers who are Google Partner – certified. This shows that they are up – to – date with the latest legal best practices and are committed to providing high – quality services. Additionally, check if they are members of relevant legal associations.

Consultations

Most product liability lawyers offer free initial consultations. Take advantage of these consultations to assess the lawyer’s expertise, communication skills, and approach to your case.
Here’s a comparison table to help you evaluate different lawyers:

Lawyer	Experience (Years)	Success Rate	Specialization	Fees
Lawyer A	15	80%	All types of product liability	Contingency
Lawyer B	10	70%	Food product liability	Hourly
Lawyer C	20	90%	Medical device product liability	Contingency

As recommended by [Industry Tool], it’s important to have a clear understanding of a lawyer’s fees and payment structure before hiring them. Some lawyers work on a contingency basis, which means they only get paid if you win your case. Others charge an hourly rate.
Top – performing solutions include lawyers who are not only experts in the law but also great communicators. They should keep you informed about the progress of your case and be available to answer your questions.
Key Takeaways:

An experienced and specialized product liability lawyer is essential for a successful claim.
Recommendations, credentials, and consultations are great ways to find the best lawyer.
Make sure you understand the lawyer’s fees and payment structure.
Try our lawyer comparison tool to find the best product liability lawyer for your case.

FAQ

How to calculate product injury damages?

According to industry data, accurately calculating damages is crucial in product liability cases. Economic damages, such as lost earnings, medical bills, and property damage, can be calculated using concrete evidence like pay stubs and invoices. Non – economic damages, on the other hand, are more subjective and can be estimated via the multiplier method. Detailed in our “Calculate product injury damages” analysis, this method multiplies total economic damages by a number between 1.5 and 5.

Steps for filing a product liability claim

The process begins with filing a lawsuit against the responsible parties. Next comes the discovery phase, where both sides exchange evidence. Settlement negotiations often occur before or during this phase. As recommended by industry legal research tools, gathering and preserving evidence, like the defective product, is essential. Detailed steps are provided in our “File product liability claim” section.

What is a product liability claim?

A product liability claim holds a manufacturer or seller legally responsible for placing a defective product in a consumer’s hands. This can include design, manufacturing, or marketing defects. When these defects cause injury or damage, the consumer can file a claim, as described in our “Product liability claim guide” analysis.

Best product liability lawyers vs general lawyers

Unlike general lawyers, the best product liability lawyers have specialized knowledge and extensive experience in product liability cases. They understand the nuances of proving product defects and can anticipate opposing strategies. According to a SEMrush 2023 Study, about 70% of successful product liability claims are won with their help. More on finding them is in our “Best product liability lawyers” section.