What You Need to Do When You Have a Product Liability Claim
There are new and amazing technological advancements every day, with new consumer products that all offer to make life easier. You would expect that, if you can purchase a product, it’s been properly tested and that the manufacturer has either taken steps to eliminate any unnecessary risk or will have adequate warnings on the product. Unfortunately, that doesn’t always happen. In the rush to be the first to market with a new gizmo, many companies will take shortcuts, often when it comes to addressing any potential safety concerns.
What should you do if you or someone you love has been hurt because of exposure to or the malfunction of a consumer product? How can you best protect your legal rights when you have a product liability claim?
Step #1—Get the Medical Treatment You Need
Your primary concern, in the aftermath of any type of injury, should be your health. If you suffer a traumatic injury related to a dangerous or defective product, immediately seek medical attention, whether at a hospital emergency room, an urgent care facility or your primary care physician’s office. There are two good reasons for this:
- The longer you wait, the greater the likelihood that you may suffer some other injury that may make it more difficult to establish liability in product liability lawsuit
- The longer you wait, the greater the risk that defense attorneys will argue that your injuries were not that serious
If you have become ill because of exposure to a dangerous or defective product, schedule an immediate appointment with your doctor.
When you get medical attention, be sure to tell doctors about anything that seems out of the ordinary. Don’t focus on obvious injuries (such as lacerations or broken bones) and neglect to mention the stiffness in your neck or lower back. Ask that all observations by any medical professional be put in writing.
Step #2—Hire an Experienced Attorney
The sooner you retain knowledgeable and effective legal counsel, the better. Your attorney will immediately become your intermediary with insurers and others, helping make certain you don’t say or do things that might jeopardize your potential recovery. Your lawyer will also ensure that all necessary documents are filed in a timely manner and will be your advocate in all hearings or proceedings.
Step #3—Gather Information
Whether you settle your claim before trial or end up taking your lawsuit to a judge and jury, you’ll need evidence. At a minimum, get the names and contact information from anyone who was present at the time of your injury, so that your lawyer can contact them to find out what they know or saw. You can also take pictures of the product, the scene of the accident, your injuries or anything else that may be relevant to your claim.
Step #4—Keep a Tight Lip
There can be a natural inclination, after any type of injury, to want to talk to others about it. Other than your lawyer, no one needs to know the details of your case. You don’t want to update people on social media…in fact, it’s probably in your best interests to simply stay away from Facebook, Twitter and other social media platforms until your case is resolved, so that you don’t inadvertently appear on one of those sites engaging in activities that might be construed to be inconsistent with your injuries.
Contact the Proven Motor Vehicle Accident Lawyers at Bailey & Galyen
At the law offices of Bailey & Galyen, we have more than 40 years of experience successfully representing victims of personal injury in Texas. We know how to fully protect your rights when you have been involved in any type of motor vehicle accident. We are seasoned trial lawyers who can anticipate the tactics of defense counsel and take preemptive measures to help you pursue full and fair compensation for all your losses. Contact us by e-mail or 844-402-2992 call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
