Defective Products Lawyer
Each day you come across a wide range of consumer goods, items, medications, and other devices that you or your family may use as part of your daily routine or from time to time. For example, when you purchase a product on the market, whatever it might be, you assume that the product is safe for its intended use and will not harm you. Many manufacturers boast about their rigorous testing and quality control processes that ensure the public’s safety.
However, the reality is that when companies cut corners, ignore complaints or overlook issues, there can be grave consequences for unsuspecting customers that suffer harm because of the dangers presented by their products.
For example, suppose you suffer an injury while using a product you believe is defective. In that case, you may be eligible for compensation for your medical expenses, pain and suffering, and other losses.
A defective product attorney at Jacoby & Meyers, LLP can help you understand whether you have a case against a manufacturer or other party and what amount of compensation you might be eligible for under the law.
Defective Product Guide
- If You Suffer an Injury Due to a Defective Product, Call Jacoby & Meyers, LLP
- Compensation Available in a Defective Products Case
- The Dangers of Defective Products
- What Is a Defective Product?
- What Are the Common Injuries Due to Defective Products?
- Can You File an Insurance Claim for a Defective Product Injury?
- What Action Should You Take if You Sustain an Injury Due to a Dangerous Product?
- How Can Jacoby & Meyers, LLP Help You as a Defective Product Victim?
If You Suffer an Injury Due to a Defective Product, Call Jacoby & Meyers, LLP
We understand how much an unexpected injury can throw your life into turmoil and chaos. From the threat of rising medical bills to the need to meet your daily living expenses for you and your family, the repercussions of a personal injury are far-reaching.
At Jacoby & Meyers, LLP, we help clients battle insurers and at-fault parties for fair compensation of losses due to defective product accidents. It is not your fault when a manufacturer creates a dangerous product that can cause disabling injuries or even death. The law is evident when you suffer an injury due to the actions or negligence of another party; you can seek compensation for your damages.
We have Jacoby & Meyers, LLP attorneys and staff at office locations in New York, New Jersey, Connecticut, and Massachusetts. We proudly serve the Northeast communities in the U.S. to help clients get the legal representation they need following a personal injury accident. Call us to schedule a free initial consultation. We can offer you an in-person case evaluation, a virtual consultation, or we can come to you if you cannot travel because of your injuries.
Compensation Available in a Defective Products Case
The damage you incur after injury from a defective product can be significant. Depending on your injuries and whether you sustain a short-term or long-term disability, you may encounter varying losses under different categories of damages. The damages you can be eligible for include those that result in monetary losses or non-monetary personal impacts.
When a defective products attorney takes your case and agrees to represent you, part of the process of building your case will be to calculate your damages. While this may seem simple, it can be pretty tedious. Your lawyer must look into all the impacts of the defective product injury on your life and how it could affect you in the future.
The following are economic damages commonly associated with product liability cases:
- Medical expenses. All costs related to the medical care of your injuries can be part of the recovery claim in a product liability case. This includes your emergency medical expenses and current treatment expenses but also can consist of future medical care if your injuries are permanent or long-term.
- Income loss. The loss of wages is often the most significant and immediate damage felt by a victim of a defective product injury. You depend on your earnings to meet your family’s living expenses and demands. Through a compensation claim, you can seek recovery of your current lost wages and future wages impacted by the disabilities you suffer after a product liability accident.
- Disability. When a victim becomes wholly or partially disabled, they may be eligible for disability payments and compensation that accounts for the life-altering changes to their lives.
- Property damage. Defective products do not just harm people but can also destroy property. If your property requires repairs or is a total loss after a defective product incident, you can recover those losses in a claim or lawsuit.
Additionally, a victim of a products liability injury can seek non-economic damages, including:
- Pain and suffering. The physical, mental and emotional distress you endure after an injury due to a defective product is not easily measurable. Still, it is recoverable in a product liability case.
- Impact on your relationships. An injury does not only affect you personally but can affect your spouse and your relationship. If an injury leaves you unable to participate equally in a relationship, you may be able to seek compensation for loss of consortium.
- Quality of life. An injury can have lasting effects on how you can live and whether you can enjoy your life as you once did. If your quality of life diminishes because of your injury, you can seek compensation for that loss.
In rare cases, when the actions of a manufacturer in a product liability case are especially egregious, then a court may award a victim additional compensation to punish the defendant for their actions:
- Punitive damages. A victim can only get punitive damages through a court verdict. A court can award these damages to a victim not as compensation for their losses but as punishment; consequences for a wrongdoer when their actions rise to a level beyond negligence in a product liability case. Some of the most significant product liability settlements often include punitive damages.
The Dangers of Defective Products
The National Safety Council reports that over 11 million people will seek medical treatment for injuries due to a consumer product in one year. Although defective product injuries can occur to anyone, the most vulnerable to severe injuries and death is the elderly and youth population.
Sadly, most of these victims will not seek compensation from the parties responsible for their losses. As a result, many individuals may not realize they have a right to compensation for their losses. Those who seek recovery without a lawyer from insurance companies may face obstacles and resistance from the insurer, which can discourage them from fighting for their rights under the law.
What Is a Defective Product?
Defective products and goods fall under the umbrella of product liability law. Product liability is unique from other personal injury areas in that there are various ways to prove a manufacturer of a dangerous product can be liable to you. Depending on the nature of the product and the circumstances surrounding your case, a manufacturer could be liable under negligence or strict liability. Any consumer good or item can be defective.
A product defect can fall into one of the various categories:
- Defective item. This is when the product itself is inherently dangerous and defective. An error or misstep by a manufacturer creates a product that can cause harm when used per its intended use.
- Defective design. A defective design occurs when a product’s design is deficient. Some element in the product’s design makes it susceptible to consequences that can harm its users.
- Defective warnings. Many products may be safe to use only in certain circumstances. For example, if a manufacturer fails to warn or instruct a consumer on the proper usage of its product, it may be liable for the harm that ensues if misused by a victim.
What Are the Common Injuries Due to Defective Products?
The injuries that can occur from a defective product are wide in range. For example, a victim can suffer minor to moderate injuries caused by the product that will heal over time, or they can suffer life-threatening or catastrophic injuries. In addition, some victims of defective products can lose their lives due to injuries. Sadly, young babies and children are often the victims of fatal injuries due to faulty products.
Injuries that a victim of a defective product can suffer:
- Loss of a finger or extremity
- Vision impairment
- Loss of hearing
- Traumatic brain injury
- Broken bones
- Spinal cord injuries
- Internal injuries
- Development of disease or worsening medical condition
Can You File an Insurance Claim for a Defective Product Injury?
The most common recourse for a victim of a defective product is to seek compensation through the manufacturer’s liability insurance coverage. However, filing such a claim can be confusing for the claimant.
Settling a product’s liability claim on your own is a challenge. You are going up against insurance companies and big corporations that spend significant amounts of money and resources on protecting their image and bottom line. They will do whatever they can to resist admitting their mistakes and avoid paying for the total value of your losses.
With the help of a knowledgeable products liability attorney, you can file a claim, collect the evidence to support your claim, and allow the lawyer to attempt to negotiate a settlement on your behalf. A product liability attorney will aggressively represent your interests, and if an insurer or manufacturer refuses to settle, they can take them to court and file suit if necessary.
What Action Should You Take if You Sustain an Injury Due to a Dangerous Product?
Product liability cases are a bit different than common personal injury accidents like motor vehicle collisions or slip and falls. When an injury from a defective product occurs, it is not usually the police that are called.
Instead, emergency medical services will arrive if requested, or you will immediately proceed to the nearest ER for help with your injuries. Knowing what to do in the time following a defective product injury accident can help you prepare for a potential legal battle and ensure you do what is necessary to benefit you and your case.
1. Take Pictures and Keep the Product Safely Stored
Whether on your way to the hospital or immediately after you receive treatment to stabilize you. It would be best if you began photographing your injuries and continued to do so throughout your recovery. Furthermore, please take photographs of the defective product at the time of the accident and keep it safely stored for further evaluation by your attorney and experts. The product itself is central to your case.
2. Continue Your Medical Treatment
At this point, you should have already sought out emergency treatment for your injuries. However, the treatment does not end when you leave the emergency room. You must stay involved and up to date on your treatment and recovery progress. There may be moments of frustration and uncertainty regarding your injuries, but you must show the parties at fault and the insurers that you are doing everything possible to improve your condition and heal.
3. Document Your Experience
Taking notes or recording your experience, including the accident itself and the aftermath, can be beneficial as you get deeper into seeking compensation. Insurance claims take time to negotiate, and if a trial becomes necessary, it could be months or longer before you testify in a deposition or before a court. Documenting your experience allows you to refresh your memory if you forget minor details and information relevant to the case.
4. Call a Defective Product Attorney at Jacoby & Meyers, LLP
Our product liability lawyers will offer you a free consultation and the opportunity to discuss your case. Contact a lawyer to schedule a free evaluation and the potential compensation available in your case.
How Can Jacoby & Meyers, LLP Help You as a Defective Product Victim?
We are ready to take your call at Jacoby & Meyers, LLP at (212) 445-7000, or you can contact us through our website. A member of our personal injury team will talk to you about your case and provide you with a free case consultation where you can go over the process of seeking compensation and what may be available to you in your case.
Jacoby & Meyers, LLP
39 Broadway Suite 1910,
New York, NY 10006
“If it were not for the integral legal team of experts at Jacoby & Meyers I would not be where I am today with my recovery. I highly recommend hiring Jacoby & Meyers should you ever find yourself injured in an accident, and an individual or company needs to be held accountable for their negligence.” -C.J.
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