Hurt by a Defective Product? 5 Essential Steps to Take

November 19, 2020
gavel with product heading

When you use a product as instructed, it’s reasonable to assume that you won’t get hurt. If the product is be defective, though, serious injuries—and even death—can result even with proper use.

Thankfully, those who get hurt by defective products may be entitled to compensation for the damages they incur. Before they can recover monetary compensation, though, they must build a strong claim against the designer, manufacturer, distributor, or other liable party.

If you think you have grounds for a product liability claim, you can help your case get off to a strong start by taking the following steps:

1. Seek Medical Care

Following any kind of accident, your first priority should always be your health. Visiting a doctor promptly will ensure you receive adequate treatment for all the injuries you sustained—including those that might have latent symptoms.

Seeking care right away will also make it easier to demonstrate a link between the incident in question and your condition. Assuming you abide by all medical advice, it will demonstrate a commitment to mitigating damages, as well.

2. Preserve the Product & Its Packaging

Chances are the defective product will be one of the most valuable pieces of evidence that you present. Therefore, it’s essential that you preserve as much of it as possible. You should also save the packaging it came in and any instruction manuals you have for it.

3. Keep a Personal Injury Journal

South Carolina allows for the recovery of non-economic damages like pain and suffering, loss of enjoyment of life, and mental anguish. The easiest way to track such damages is by keeping a personal injury journal.

In this journal, write about your condition and how it’s affecting your everyday life. Detailed entries will help contextualize your medical records and could prove invaluable when it comes time to prove damages.

4. Track Your Injury-Related Expenses

Personal injury claimants may also seek compensation for the economic damages that they incur. Examples include medical bills, replacement services, home and vehicle modifications, and lost wages. As such, it’s important to save all corresponding invoices, quotes, receipts, and paystubs. These records will help you determine a starting point for the negotiations.

5. Call a Product Liability Attorney

Filing a product liability claim on your own is like trying to perform your own surgery – technically it may be possible but you are taking a great risk. You have enough to worry about when recovering from serious injuries without having to navigate complex and detailed legal proceedings. Mistakes in filing or in pleading your case can lead to permanent dismissal that many times cannot be undone.

By hiring an experienced product liability attorney, you can focus on your health while your case proceeds in good hands. Your legal team will:

  • Conduct a thorough investigation;
  • Gather the evidence needed to prove liability;
  • Track recoverable damages;
  • Handle all correspondence with the opposing party;
  • Negotiate for a fair settlement; and
  • Prepare your case for court if the liable party proves uncooperative.

Call 864-585-3873 to Discuss Your Case with a Product Liability Lawyer

If you were seriously hurt by a defective product, contact Hodge & Langley Law Firm. Attorney Ryan Langley holds an AV-Preeminent rating from the Martindale-Hubbell attorney rating service, as well as a 10.0 Avvo rating. Call 864-585-3873 or fill out our Contact Form to schedule a free consultation with a product liability attorney.



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