Don’t Make These Common Mistakes on Your Product Liability Claim

April 15, 2021
Don’t Make These Common Mistakes on Your Product Liability Claim

There are dozens of potential reasons for insurance adjusters to challenge product liability claims. At the end of the day, their primary goal is to protect their own bottom line, and this sometimes means undervaluing claims or denying them outright.

In other words, if you were hurt by a defective product and want to pursue damages, you should expect the opposing party to question the validity of your claim. It is therefore imperative that you avoid making mistakes over the course of the proceedings that could weaken your case.

Some of the most common mistakes that injured parties make when building a case include:

1. Delaying Medical Care

Even if your injuries aren’t life-threatening, it’s essential to undergo a comprehensive exam as soon as possible. Postponing treatment could prove disastrous if you sustained injuries that aren’t immediately apparent but demand immediate attention.

Putting off care could also make it much harder to prove causation during the claims process because there won’t be an obvious paper trail between your condition and the incident in question. What’s more, it will open the door for disputes regarding damages. If the opposing party can prove that you ignored your injuries, you could be deemed partially liable for their severity.

2. Providing Recorded Statements

Discussing your damages or the defect that caused them could give the insurance adjuster fodder for challenging your claim. Generally speaking, a recorded statement won’t strengthen your case, no matter how you frame it. It could, however, be twisted and used against you. As such, it’s best to refuse to give one until you have discussed in detail with legal counsel. Instead, refer all correspondence to your legal team.

3. Publishing Questionable Content Online

Personal injury attorneys typically advise clients to deactivate social media profiles after an injury and throughout the time the case is pending. Should an injured person post anything that inadvertently contradicts what they tell the insurance adjuster, it will likely jeopardize their claim.

4. Overlooking Damages

Tracking damages diligently will allow you to pursue the maximum payout possible. In South Carolina, potentially recoverable damages include:

  • Lost wages;
  • Loss of future earnings;
  • Medical expenses;
  • Replacement services;
  • Domestic help;
  • Depression;
  • Anxiety;
  • Disfigurement;
  • Mental anguish;
  • Psychological trauma;
  • Loss of enjoyment in life; and
  • Pain and suffering.

To prove economic damages like lost wages and medical expenses, you’ll need the right documentation. Examples include paystubs, tax returns, hospital bills, and insurance statements.

As for demonstrating the extent of your non-economic damages, you can use psychological evaluations, photographs of any visible wounds or scarring, and statements from loved ones and colleagues. You can also use detailed entries from your personal injury journal.

Call 864-585-3873 to Speak with a Product Liability Attorney in Spartanburg

If you were seriously hurt while using a product as advertised, turn to Hodge & Langley Law Firm for guidance. We will investigate the defective item in question and help you gather the evidence needed to build a strong claim. To schedule a free consultation with a product liability lawyer in Spartanburg, complete our Contact Form or call 864-585-3873.

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