When you are injured or suffer damages because of a defective product, you may consider filing a product liability claim to receive compensation for your losses. However, this process is not always simple. It requires careful attention, as there are a lot of legal complexities involved.
It is better to hire an experienced product liability attorney to get proper legal guidance and receive maximum compensation. Before that, it is good to know some mistakes you need to avoid when filing a product liability claim. In this blog, we will discuss five crucial mistakes you should avoid.
1. Failing to Document the Incident and Injuries
One of the biggest mistakes you can make is failing to properly document the incident and any injuries you sustained. If you do not have any proper documents, you cannot prove that the product caused injury. So, it is important to gather evidence immediately after the incident.
Take photographs of the defective product, your injuries, and the accident scene. Keep a record of all the medical treatments and doctor visits, including bills, prescriptions, and medical reports. These records can explain the extent of your injuries and help find a link between the product defect and your harm.
2. Waiting Too Long to File a Claim
Every case has time limits called the statute of limitations within which a person should file a lawsuit. This time limit varies by state and depends on the type of case. Many people wait too long to file a claim. This will result in losing your right to seek compensation.
In many cases, you may have only two to four years from the date of your injury to file a lawsuit, but this can vary based on the type of product and defect. If you wait too long, physical evidence may decline, or witnesses may forget important details. Manufacturers and retailers may also begin to alter the product or destroy records. It will make it harder to prove your case.
3. Not Identifying the Correct Defendant
You may think only the manufacturer is liable for a defective product, but that is not always the case. Depending on the circumstances, multiple parties could share responsibility, including the manufacturer, the designer, the distributor, the retailer, and even the company responsible for advertising the product.
For example, if a defect arises due to a poor design, the manufacturer and the designer could be held liable. So, identifying the right parties to hold accountable is critical to the success of your case.
4. Accepting the First Settlement Offer
After filing a lawsuit, the insurance company may reach you and offer you a settlement offer. It is easy to be tempted by the first settlement offer you receive, especially if it seems like a large sum of money. However, accepting the first offer is often a mistake.
Insurance companies provide early settlement to resolve the case quickly and for less money than you may deserve. It is impossible to accurately assess whether the settlement is fair without fully understanding the extent of your injuries, future medical costs, lost wages, and pain and suffering. Before accepting any offer, you should consult an experienced attorney who can evaluate it and ensure that it fairly compensates you for all your damages.
5. Ignoring the Need for a Strong Legal Professional
Many people think they can handle the product liability claim alone without the help of a legal professional. However, these cases are complex and involve large companies with significant legal resources. Manufacturers and insurers will do everything possible to minimize or dismiss your claim.
Without a professional lawyer, proving liability and negotiating a fair settlement will be hard. A skilled attorney can gather evidence, interview witnesses, negotiate with insurers, and ensure that your rights are protected every step of the way. They can also help you determine whether settling out of court is the right decision or if taking the case to trial is better.
