If a defective product injures you, there is a high likelihood that you’ll file for a product liability case, for possible indemnification. However, the compensation claim will only be awarded if your lawyer can prove liability under torts of negligence, strict liability, or breach of warranty. That is why it is always imperative to retain a highly-qualified product liability lawyer who has both in-court and negotiation experience to represent you, because taking chances on your own may prove futile. Other things that you should consider include the lawyer’s availability and interest in your case. Someone enthusiastic about the particulars of your case will have your interest at heart.
It would also be best if you sort an attorney whose allegiance lies with the plaintiff’s and not defendants so that he can play hardball with the insurance companies.
Other than choosing the best lawyer, you’ll also play a crucial role in as far as the success of your claim is concerned. For instance, you must furnish your lawyer with all the necessary information as required.
So, what questions will an attorney ask when dealing with a product liability case like the Belviq Lawsuit? Well, they include but aren’t limited to the following:
· Was the product defective?
The product liability claims can fall under three main defectives, which your attorney must prove either to demonstrate the product’s defectiveness. The product can have either design defects, manufacturing defects, or marketing defects. Design defects entail flawed designing of the product, making it unreasonably dangerous for human use. Manufacturing defects means that the product was designed perfectly. Still, there was a flaw in the manufacturing process while marketing defects means the manufacturer failed to warn consumers of possible dangers associated with the product.
· Did the product cause you injury?
To prove liability or negligence, your injuries must be directly caused by the product in question. In brief, the injury would have never happened if the product wasn’t defective, in the first place. Remember, faulting the manufacturer under strict liability can lead to mitigating results, such as winning the claim.
· Has the injury affected your life?
Proving that the product was defective and that it led to specific injuries isn’t just enough. The court or insurance firm will only agree to pay your claim if you can prove that the injuries also resulted in damages. The extent and degree of damages are what will be used to calculate your compensation. Damages may include physical and psychological pain, medical expenses, or lost wages.
· Did you follow the instructions when using the product?
Products always come with the manufacturer’s instructions on how they should be consumed or applied. You must demonstrate that you used the product as it was intended and in a manner similar to that, in any case, the manufacturer wasn’t clear. If the manufacturer expected any ordinary consumer to use the product as you did, then the claim will still stand.
· Do you have any relevant documents?
Lastly, you must also provide any relevant documentation that supports your cause for the compensation claim. Some of the documents that can be presented include but not limited to those proving loss of wages, medical records from a certified doctor, and receipts to prove your purchases. For wage loss, you can furnish your attorney with the latest bank statements or your employer’s letter, if you are terminated.
Product liability cases are costly and may drag for longer than you can imagine. However, if you hire the best attorney, you’ll navigate the complex legal system and come out with a possible compensation. The best thing about product liability claims is they are handled on a contingency-fee-basis, and you’ll only pay for the legal services once you’ve won the claim. Don’t suffer product liability injuries in silence. Come out and speak!