If you have been injured by a defective product, you may have the right to bring a lawsuit against the manufacturer. You may also be able to sue the retailer if they sold the product knowing it was defective and dangerous.
A very common instance would be the recent Toxic Baby Formula Lawsuit. Many premature infants were given cow-milk-based formula in hospitals and, as a result, may have contracted Necrotizing Enterocolitis or NEC. This disease affects the intestine of the infant and causes pain, distress, and damage to their health.
If your child or a loved one’s infant was affected by illnesses that can be attributed to a baby formula containing cow milk provided by the hospital, you might be eligible to lodge a lawsuit. We suggest you browse reliable online resources to know more about the Toxic Baby Formula Lawsuit.
However, when filing a lawsuit, there are certain things that you should do and some things that you must not do. Below are some dos and don’ts for filing a successful product liability claim.
1. Maintain Your Paperwork
Keep all receipts and bills. You will need to show the court that you purchased the product and how much it cost, so keep all evidence of your purchase with you at all times.
Keep all correspondence with the company. This includes any emails or letters that you have sent to them regarding your issue, as well as their responses to those letters.
Keep all correspondence with the manufacturer. If there is an issue with a specific brand of product, then keep copies of any communications between yourself and that manufacturer, in addition to other companies involved in making or distributing these products, such as retailers.
From 2014 to 2020, the median award in product liability increased from $ 75000 to $ 100,000, according to the latest stats from the Insurance Information Institutes. This shows that the efforts of vigilant consumers have paid off in the long run.
2. Choose an Attorney Based on Multiple Testimonials
There are many attorneys out there who specialize in product liability litigation, and they each have their own methods of doing things and practices they are accustomed to working with.
It’s important to keep in mind that just because someone else has had a good experience with an attorney doesn’t mean the same thing will happen to you. You have to consider whether this particular attorney is a good fit for your case and your personality.
3. Speak To Several Attorneys Before Deciding
When it comes to choosing an attorney, you will want to talk to several before choosing the right one. This can help you avoid hiring someone who doesn’t have your best interests at heart. There are 1.33 million lawyers in the USA today, as per Statista. So, you have a wide pool of choices, no matter what your niche.
To find out more about a potential attorney’s experience with product liability lawsuits, ask him or her whether he or she has handled cases like yours in the past and find out the outcome of those cases.
Understand what kind of knowledge and experience he or she has in this area of law as well as how long he or she has been practicing law.
Lastly, check if there are any disciplinary actions against them.
4. Don’t Wait Too Long To File Your Lawsuit
There are deadlines for filing that you need to be aware of for filing product liability lawsuits. Not knowing your state’s deadline can be a huge disadvantage when it comes to filing a product liability lawsuit.
If you wait too long, the statute of limitations will have passed, and your case will be thrown out. However, if this happens, there are ways to get around it.
Right now, the court will choose a sample of 4 cases out of 12 shortlisted from the current 66 pending cases for Toxic Baby Formula. These four cases will be tried in the initial bellwether test trials, as updated by Forbes Magazine in October. If you have a concern regarding a product, now will be the best time to file a lawsuit.
You may also want to include an experienced attorney in your search for info so that they can help guide you through the process and make sure everything goes smoothly from start to finish.
The most important takeaway from this article is that you should not wait to file your lawsuit. While it may seem like a long time before you actually receive your settlement, the longer you wait, the less money will be available for you. You may also miss out on valuable legal rights related to when you can file a claim or get relief if another party files for bankruptcy.
It’s important to note that even though you may have been injured by a defective product, the manufacturer may not be liable. You may need to prove that they knew of potential problems with the item in question but failed to warn you or others about them. This is why it’s so important to seek legal representation from an experienced attorney who can help build your case and fight for compensation on your behalf.
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