Injuries from products occur every day. Household appliances, children’s toys, and medical devices cause serious and permanent injuries. In some cases, a product can cause an accident resulting in the death of a loved one. When a product causes an injury, the victim may be entitled to receive compensation for their injuries and losses. However, a product liability claim, especially for a defective drug or defective medical device, is one of the most complicated personal injury cases to handle.
State and federal product liability laws are often misunderstood even by attorneys who do not have experience handling product liability lawsuits. Below are several things you need to know about product liability claims. Our experienced New Orleans product liability lawyers are happy to answer any other questions you may have during a free legal consultation.
Product Liability FAQs
You Cannot Collect Damages If You Were Using the Device Incorrectly
If you are injured by a product because you modified the product or you were using the product in a manner for which it was not intended, you will usually not be entitled to compensation. This does not mean you should not consult with a product liability lawyer because there could be another cause of action that allows you to receive compensation.
You Cannot Ignore Recalls
If the product has been recalled, you may not have a claim if you were notified and you chose to ignore the recall to continue using the product. A product liability attorney understands the complex issue of proving the victim did not ignore any recalls and was unaware of any recalls.
You Must Prove the Product Was Defective
In order to receive compensation for your injuries, you must prove that the product was defective in some way. Your attorney will perform a thorough investigation to determine if the product was defective in the design, manufacture, or other way. Knowing how to perform a comprehensive product liability investigation is another reason why you should hire an experienced NoLA product liability law firm.
Damages Are Awarded Based On Several Factors
As with any other type of personal injury claim, the value of a product liability claim is based on several factors including but not limited to the severity of the injury, the type of injury, the medical costs, physical and emotional suffering, and permanent disability. Our experienced New Orleans personal injury attorney can explain more about compensation during your free case evaluation.
Do Not Accept a Settlement Without Consulting With An Attorney
Companies routinely offer low settlement amounts to make a product liability claim disappear. If you accept a settlement offer, you are waiving your right to make any future claims. It is always in your best interest to consult with an attorney before you accept a settlement offer and sign any documents or forms related to the claim.
Contact a NoLA Product Liability Lawyer Today If You Have Questions
It is crucial that you understand how serious a product liability claim is and why you need an experienced attorney on your side to protect your rights. Contact The Olinde Firm for a free case evaluation. We never charge you an attorney fee until and unless we win compensation for your damages and injuries. Call us today for your free legal consultation. Call (504) 587-1440 or 1-800-587-1889 now.