When you make a purchase, you should be able to trust that the products you are using are going to work as intended and not put you at risk for serious injury or death. Unfortunately, product malfunctions and defects are more common than you might think. Once you have suffered an injury, you may be unsure of how to make the liable party pay.
It is not uncommon for victims of product liabilities to be confused about who is responsible or what their legal options are. Fortunately, when you retain the legal guidance and support of an experienced personal injury lawyer at Gatti, Keltner, Bienvenu & Montesi, you can heal from your injuries while we work on building a powerful case against the responsible party. Reach out to our office for a free consultation with a West Memphis product liability lawyer to learn more about what’s next for your lawsuit.
When to Sue For a Product Liability Injury
It may not always be clear when it is the right time to file a lawsuit for a product liability injury. However, when your injuries have taken a toll on your life in any way, you have the right to be compensated for these damages. It does not matter how severe your injuries were, it matters how impactful they have been on your life.
With that in mind, there are some types of injury our West Memphis attorneys see more often in product liability losses than others. Some examples of injuries you may be able to sue for include:
- Traumatic brain injuries
- Neck injuries
- Head injuries
- Knee injuries
- Back injuries
- Soft tissue injuries
- Organ failure
- Amputation
- Post-traumatic stress disorder (PTSD)
- Concussion
- Spinal cord injuries
- Herniated discs
- Lacerations and conclusions
- Broken and fractured bones
If you suffered any other type of injury in a product liability accident, you may still have grounds for legal action. You can explore your options for financial recovery further when you contact a product liability attorney for help.
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Proving Negligence in a Product Liability Lawsuit
For your Insurance claim or civil lawsuit to be successful, your product liability attorney in West Memphis will be responsible for approving the defendant’s negligence. The burden of proof and product liability and civil lawsuits is based on a preponderance of the evidence.
To show the elements of negligence have been met, your attorney will need to demonstrate that:
- The liable party owed you a duty of care
- The defendant failed to take action, made a decision, or otherwise breached their duty of care
- The liable party’s breach of duty is the cause of your injuries or damages
- You suffered considerable financial distress, emotional trauma, or physical injuries as a result of the defendant’s breach in the duty of care
Although the burden of proof may not be as high as it is in criminal court, your attorney will still need to prove to the judge and jury that the defendant is more than likely at fault for your product liability injuries. Some examples of evidence that could be used to support your case include:
- Video of the incident that caused your injuries
- Photos of your product liability injuries
- Safety inspection reports (or lack thereof)
- Police records and crash reports
- Reports from accident reconstructionists
- Medical records and physician opinions
- Financial documentation
- Maintenance records
- Internal documents
- Recorded statements
- Witness statements
- Testimony from experts
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Types of Product Liability Claims
Product liability lawsuits can take many forms. Anytime a product is defective or malfunctions, anyone involved in the line of distribution of this product could be held accountable. Examples of product liability claims our West Memphis attorneys handle include:
- Defective product manufacture where there is an issue with a specific product as opposed to an entire line of a product
- Defective product design where there is an issue with the entire line of a specific product due to a design flaw That makes the product inherently dangerous
- Failure to warn where the product manufacturer has failed to warn consumers about potential risks where the product is used as intended
Recoverable Damages in Product Liability Lawsuits
One of the benefits of working with a West Memphis product liability attorney is the ability to recover maximum compensation for your damages. Few product liability victims understand the true value of their claim. You have the right to be compensated for your economic losses and non-economic losses in full.
However, since non-economic damages do not have a fixed financial worth, your product liability attorney will need to review them to calculate the value of your claim. Examples of recoverable damages in product liability lawsuits include:
- Lost wages and future earnings
- Skin scarring and disfigurement
- Diminished quality of life
- Pain and suffering
- Current and future medical bills and equipment fees
- Emotional distress
- Indignity, humiliation, and shame
- Costs of property damage repairs or replacement fees
- Loss of household services
- Damage to your professional or personal reputations
- Loss of consortium
Punitive damages may also be awarded in instances where the civil courts find the defendant’s conduct grossly negligent or intolerable. However, it should be noted that punitive damages are not a type of loss you have the right to recover. You should never expect an award of punitive damages, as they are only awarded as a way of punishing the defendant or sending a message to the West Memphis community that similar conduct will not be tolerated in future product liability cases similar to yours.
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The Statute of Limitations for Product Liability Lawsuits
Working with our West Memphis defective product lawyers may be one of the best ways to avoid issues with the statute of limitations in your case. According to Arkansas law, the statute of limitations for personal injury lawsuits is just three years. If your lawsuit is not filed before this deadline runs out, you will be prohibited from seeking compensation in the Arkansas civil courts.
This could severely limit the amount of compensation you would otherwise be entitled to. For this reason, it is important to reach out to our product liability attorneys in West Memphis for help as soon as possible.
Contact a West Memphis Product Liability Attorney for Help
When your injuries have had a significant impact on your life, proving another party’s negligence may be the best way to recover your damages in full. Product liability lawsuits are notoriously complex. Get help holding the at-fault party accountable when you contact a West Memphis product liability lawyer.
Gatti, Keltner, Bienvenu & Montesi is proudly offering no-cost, risk-free consultations to product liability victims across West Memphis and surrounding cities. Get started on your case today. Fill out our simple contact form or call our office.
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