It is never an easy decision to make when looking for compensation. Understanding the process of getting compensated for a product liability claim can help you feel more confident in your decision to file one. This blog post will help you understand the process of getting compensation from a product liability claim.
What Is a Product Liability Claim?
When filing a product liability claim, you are looking for compensation because your health or safety was at risk due to the use of an unsafe product. Product liability claims can be filed against any party involved in making and distributing defective products. This includes companies that make parts for these products and those that sell them wholesale.
The first step in filing a product liability claim is understanding a valid case. Three elements must be met for a successful product liability case:
- The product was defective and caused harm to the user
- That the defect existed when the product left the manufacturer’s hands
- The defect caused the injury or damage
Product Liability Claims Process
Filing a product liability claim can be a long and arduous process. Several steps need to be taken to receive the best outcome possible. The following is an outline of what you can expect when filing a product liability claim.
Gather Evidence
To prove that the product was defective and caused your injury, you will need to gather evidence. This includes photos of the product, medical records documenting your injuries, and witness statements.
File a Report
You will need to file a statement with the police or other government agency responsible for regulating products in your area. This report will document the incident and provide information about the product that caused your injury.
Contact an Attorney
It is highly recommended that you contact an attorney as soon as possible to begin building your case. An experienced personal injury lawyer will help you gather evidence, file reports, and negotiate with the insurance company.
Wait for a Response
The defendant in a product liability claim has a right to respond. They will need time to gather information and form a defense against your suit.
Negotiate
Once all of the evidence has been gathered, it is time for negotiations between you and the defendant. You can come up with an agreement about how much compensation should be given in exchange for dropping the case or moving forward so a trial can take place.
Trial
If an agreement cannot be reached, the case will proceed to a trial stage. This is a lengthy and costly process that can often take years to resolve.
Receive Compensation
If you succeed in your product liability claim, you will receive compensation for medical expenses, lost wages, pain, suffering, and more.
If a defective product has injured you, it is essential to understand the process of filing an injury claim. With this in mind, we hope that we answered some common questions about getting started and what will happen along the way. However, if you still need more information or assistance with your legal situation, contact a lawyer near you.
Author information: Emma Sturgis is a freelance writer based out of Boston, MA. She writes most often on health and education. When not writing, she enjoys reading and watching film noir. Say hi on Twitter @EmmaSturgis2.
