From medical bills and missed work to long-term trauma and disability, defective product cases can come with some pretty steep costs. Holding manufacturers, distributors, and retailers accountable requires swift, efficient, and thorough legal precision. Let’s discuss the steps a defective product injury lawyer takes and how they can help you receive maximum compensation.
Consultations and Case Evaluation in Defective Product Cases
Pursuing justice in a defective product case is not a single-step process. It involves methodical legal strategy, technical investigation, and a battle-tested understanding of product liability laws.
Your personal injury lawyer will listen to your story, review your injuries, and determine whether your case meets the criteria for a defective product claim. They will also need to answer these critical questions:
- Was the product defective, and how?
- Did the defect directly cause your injury?
- Were you using the product as intended?
The answers to these questions will help determine the type of product liability claim you have — design, manufacturing, or failure to warn. If your case has merit, your attorney will move forward with a representation agreement.
Collecting Evidence and Documentation
In defective product cases, a defective product entry lawyer will collect everything required to prove liability and damages. This can include the product itself, medical records, witness statements, purchase receipts, warranty documents, expert opinions, and evidence of lost income or expenses.
The burden of proof is on the plaintiff in civil cases, so your attorney must show that the product was unreasonably dangerous and that your injuries were directly caused by that danger. Strong documentation of your injuries or damage from defective products can help you receive maximum compensation.
Identifying Liable Parties
One of the most complex aspects of defective product cases is figuring out who to sue. Liable parties aren’t limited to the manufacturer. Depending on the supply chain, liability can include:
- Designers
- Engineers
- Component manufacturers
- Assemblers
- Distributors
- Retailers or sellers
This is why many defective product lawyers dig into business records, supply chains, and regulatory filings to identify those sharing responsibilities. Contact Sullivan & Sullivan for more information.
Filing a Lawsuit in Defective Product Cases
Your attorney may either file a claim with the responsible party’s insurer or file a lawsuit in civil court if the negotiations are unlikely to succeed or the claim is denied.
Filing a lawsuit starts with filing a complaint that outlines your allegations, the case’s facts, and the damages. Then, defendants are served and given a deadline to respond. Your defective product injury lawyer can help increase your chances of a fair settlement, so schedule a consultation today.
Pretrial Discovery
Both sides enter the discovery phase once a lawsuit is filed. This legal exchange of evidence and information helps your lawyer conduct depositions from company representatives, request internal documents like emails and quality reports, and bring in experts to testify on your behalf. This is also your opportunity to review any defense strategies to bolster your own.
If the defendant’s legal team realizes they are facing a strong case, they may offer a settlement to avoid the cost and publicity of a trial. Your attorney can evaluate the offer based on your current and future medical costs, lost wages or diminished earning capacity, emotional trauma, disabilities, or pain and suffering. Discuss your case with Sullivan & Sullivan to learn more.
Conclusion
Defective product cases are notoriously complex, and trying to handle it on your own is like trying to fix a car engine with a butter knife. But recovery doesn’t have to be your burden alone. Let Sullivan & Sullivan handle it from here.
