Product liability has had a huge spur in attention as recent documentaries and docu-series events have called attention to multi-million dollar cases. If you’re unsure of whether you have a product liabilty case, or what you should expect your first stop today should be in a law office.
Product liability cases vary so much in terms of manufacturer negligence, and injuries sustained that it’s almost impossible to give an estimate. Our product liability attorneys guide injured victims through the best possible resolution process.
How Much Can You Recover?
There is a sense that these cases bring in windfalls of cash for the families, which seems to make some of the damage a little easier. In recent history, GM has not only recalled more than 26 million cars but also opened a $400 million account to compensate for deaths and injuries caused by defects. They don’t put a cap on compensation from this fund.
These are rare instances. Usually, a company will fight these claims with fervor. They will attempt to make it as difficult as possible for individuals or families to recover any degree of compensation.
Because of the fervent fighting that happens, attorneys will work hard to establish a fair and realistic settlement figure that in the least covers medical costs. However, your non-economic damages such as pain and suffering, loss of limb, and the similar should be a strong part of your compensation demand.
Your attorney will draft a demand letter that is the initial figure you want to see to provide full compensation for all of your damages. You may not recover that amount. You may have to fight very hard to cover a percentage of that amount. But, the goal is to establish a fair base and then go from there in negotiations.
If you take the product liability case all the way to court, you may end up receiving much more than you initially requested. That was the situation with the infamous McDonald’s coffee case where the victim simply wanted her medical bills paid. However, there’s also the chance that the judge will rule in favor of the company and award the victim nothing.
You should go into these cases, expecting not to recover anything. If you’re planning for millions of dollars to hit your account for a faulty light switch, you’ll be rather disappointed. But you should always fight for a bare minimum that will cover your medical expenses.
How to Prove a Product Was Defective
Relying on agencies can be a great way to show defectiveness as well. For example, the U.S. Consumer Product Safety Commission is a subset of the FTC and takes complaints and processes investigations on defective products. Their goal is to protect the American public from harmful products. They’re largely responsible for enforcing recall notices, and they track that data. If they’ve had reports about the product that injured you, it could lend itself to your case.
Sometimes you don’t need to prove that the item was defective. In a famous case, Greenman v. Yuba Power Products Inc., the trial found in favor of the injured against the manufacturer because the manufacturer failed to test the product for defects. It was a hidden defect that the company was not aware of in design. Although the company was not aware, they did not take steps to ensure that the product could not have been defective, making them liable.
Can Product Liability Cases Involve Georgia Personal Injury Attorneys?
Yes, usually, a product liability case will revolve around a specific injury, and that puts it in the realm of personal injury attorneys. This section of the law isn’t just for car accidents. Personal injuries that happen as a result of product defects or manufacturer’s negligence are best fought by someone with experience in handling large companies.
Should You Hire an Atlanta Personal Injury Lawyer?
Hiring a lawyer seems like a drastic step, but it’s often necessary. John B. Jackson takes on personal injury complaints, claims, and lawsuits. Our attorneys guide injured victims through the best possible resolution process. For many, that means filing an injury claim and going through the appropriate insurance agency. However, it could also mean going through numerous rounds of negotiations and taking your case to court.
Hiring an Atlanta personal injury lawyer is a big deal, so don’t take the matter lightly. If you’re looking to get compensation for the damages that you and your family faced because of a defective product, then you probably need a good hand to guide you through the legal process.