Shopping is enjoyable and allows us to get the items we need or want. But being a consumer also comes with risks.
If the products bought get manufactured poorly and didn’t perform as they should, injuries might happen.
When you or someone you know sustains physical harm due to a defective item, life could change forever. The severity of the malfunction determines whether a product liability lawsuit is possible.
Hiring a product liability law firm could help you file a claim to recover damages caused by a defective product.
Follow along as we discuss the details of product liability cases.
What is Product Liability?
Product liability refers to the person or party responsible for manufacturing a product that caused damage, according to the Cornell Law School Legal Information Institute.
The types of product defects include design, manufacturing, or failure to warn consumers. A design defect happens before manufacturing the item. The manufacturing defects take place during the construction of the product. The failure to warn consumers occurs when instructions or warnings aren’t provided with the product.
Common Defective Products
Any item might fall into the defective product category. But certain things are faulty more frequently than others. Everyday items that cause harm or get recalled include:
- Automobiles
- Food
- Cosmetics
- Medications
- Medical devices
- Toys
- Household appliances
According to the Consumer Product Safety Commission (CPSC), in 2017, 6,600 television product instability/tip-over injuries requiring emergency room treatment happened.
Getting injured from a product is part of a product liability lawsuit. If the product caused severe trauma, this information could be used by an attorney to negotiate a settlement. But filing a claim and beginning a suit is no guarantee monetary compensation will go to the victim.
Damages and Injuries
When physical injuries take place because of a defective product, it’s vital to seek medical attention. You should never ignore symptoms or pain after a product malfunctioned.
At the hospital, the doctors, nurses, and technicians will run tests like MRIs, CT scans, X-rays, and bloodwork. Typical defective product injuries include bruises, cuts, bone fractures, burns, head trauma, choking, organ failure, or wrongful death.
The treatment for these injuries might require medication, surgery, physical therapy, buying a wheelchair, or hiring an aide. Over time the medical expenses add up.
The high cost of medical bills and the inability to work could impact a victim’s life. If the person provides for a family, financial hardship might happen fast.
Losing the freedom to enjoy activities once enjoyed or having a limb amputated could cause depression or anxiety to develop.
It’s essential to have support while going through a chaotic period.
Thus filing a suit against the company responsible for the product that injured you might be a good option for your case.
Comparative Fault
In Indiana, comparative fault decides who is responsible for an injury. A comparative fault allows the victim to share a percentage of the injury. The law reduces the amount of compensation for damages.
Recoverable Damages in a personal injury case might include medical bills, lost wages, and funeral arrangements if the victim passed away.
If monetary compensation is negotiated, the percentage of the victim’s fault reduces the amount received.
Recoverable Damages
Recoverable damages fall into two categories economic and non-economic. The economic damages are medical bills, cost of disability, loss of wages, and loss of property or repairs.
Non-economic damages cover pain and suffering or loss of consortium (damage to a spousal relationship).
Both economic and non-economic damages are a result of the trauma sustained from the defective products. So defective product cases might attempt to recover both types of costs during the lifetime of the suit.
Recoverable Damages Cap
Each state has laws about the amount of compensation a plaintiff can receive in a personal injury case. Some states have no cap. Indiana’s damage caps cover medical malpractice, claims against the government, and punitive damages.
The Medical malpractice cap is 1.8 million for 2019. Claims against the government get capped at $5 million for an incident and $700,000 per person. While the punitive damages cap is $50,000 or three times the monetary award, whichever is higher.
The Advantage of Hiring a Product Liability Law Firm
Hiring a product liability lawyer could be the answer to your problems. Working with an attorney could allow you to focus on doctor’s appointments, physical therapy, counseling, or healing after surgery.
Everyone’s injuries and experience with a defective product vary. But the stress of a lawsuit could impact anyone.
Attorney’s are trained to handle the tedious tasks of completing paperwork, interviewing witnesses, gathering testimonies from experts, requesting medical records, and speaking with insurance company representatives.
When searching for a personal injury attorney, there are questions to ask before hiring someone. The cost, track record of success, and years of experience as a personal injury lawyer is reasonable to know.
Lawyers also ensure documents get submitted on time.
When filing a claim for a personal injury lawsuit, it’s crucial to take action before the statute of limitations ends. In the state of Indiana, the statute of limitations lasts for two years per Sec. 34-11-2-4.
However, the exceptions to the statute occur when the claim gets filed against a city or county. For those instances, an application must get submitted within 180 days. If a claim is against a government entity, the statute lasts for 270 days.
Schedule a Consultation
After suffering a life-changing injury from a defective product it might be wise to get legal counsel. Hiring the right product liability law firm is simple.
Call the Truitt Law Offices today to speak with one of our attorneys to learn your legal options.
