Understanding Product Liability Related Injury Cases
Suppose you suffer injuries in a car accident. If you were driving negligently, it is your fault and you have to pay for the damages. Who pays for the damages if the cause of the accident, and injuries, is the faulty brakes in your car? If you did not maintain your car, again, you pay. However, this changes only in case the brakes were defective.
As per Florida laws, any victim of defective product related injuries is eligible for suing the manufacturer, distributor or seller of the product. Before you consult a personal injury lawyer regarding the issue, here are a few details that could come in handy.
What are the acceptable grounds for filing a claim? You can file a claim if the cause of the injury, i.e. the product, had a design defect, a manufacture defect or a defect in providing adequate warnings.
How do you know that you have a case? This is not easy to assess. You need the help of a personal injury lawyer specializing in this field to investigate and assess whether your case has merit enough for filing.
When do you file the claim? File it as soon as possible. You have 4 years to file, as per Florida statute of limitations. However, your lawyer needs time to investigate, accumulate evidence and build up your case.
Whom do you sue? This again requires help from an Orlando personal injury lawyer. The type of defect and the specific circumstances of your case determine who is at fault for the injuries you suffer.
How do you prove liability? As per the ‘strict liability’ rule in Florida, you need not prove the fault of the manufacturer/distributor or seller. All your lawyer needs to prove is that the defect in the product was the cause of the injuries.
What damages may you recover? The victim, if able to prove product liability, can claim compensatory damages like medical expenses, lost wages, as well as punitive damages like physical and mental pain and suffering.
How much time and expense would it take? Proving such a claim may require expert testimonials. Sometimes, these cases require months, and even years, to reach a settlement. Opt for a lawyer working on contingency fee basis to avoid increasing costs.
If you think that a defect in the product was the cause of your injuries, consult a capable legal professional. Delaying this could lead to loss of precious time and evidence.
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About the Author
James Blatt, a legal journalist, offers helpful details for legal issues concerning the personal injury laws. If you are looking for an Orlando Personal Injury Lawyer, she suggests you to visit http://www.overchuck.com
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