If you have been injured by a defective product you probably already know all the ways that the injury has impacted your life. At the law offices of Andrew R. Lynch, P.C. we cannot promise you an outcome or predict the future, but if an outcome is possible we will work with you to make it a reality.
Maybe you see a fast and easy settlement as the quickest route to getting your life back together after the injury. Whether you have been approached with an offer of settlement by one of the parties responsible for your injury, or are thinking about approaching that party to demand compensation, you should be aware of complications that can arise in settling your products liability claim. Moreover, you should consult with an experienced attorney before proceeding.
You need an attorney who will focus on protecting your rights and maximizing the value of your case while you focus on healing. At the law office of Andrew R. Lynch, P.C. our job is to look out for your interests and fight to get you full monetary value for your injuries.
Products Liability Cases: The Basics
Products liability law requires that the manufacturer, distributor, and/or seller of a product bear responsibility for injuries caused by that product if the product is defective in its design, manufacture, or marketing.
A product can be defective in a number of ways. If a product is marketed with inadequate instructions or warnings as to foreseeable risks it is defective. If a product is manufactured with a flaw, but the design and marketing of the product are fine, it is called a manufacturing defect. If a product is designed in such way that it is foreseeable that injury could result, and if the risk of injury could have been reduced by an alternative design, then a product is said to be defective in its design. When looking at alternative designs, the court will look at the costs associated with the alternative designs, whether the proposed alternative would in fact have reduced the foreseeable risks of harm associated with the product, and whether the failure to use the alternative design made the product unreasonably unsafe at the time it was manufactured. If a product is defective in the way that it was marketed, manufactured, or designed, and someone is injured as a result of that defect, then the manufacturer, distributor and/or seller of the product are usually liable, or responsible for the consequences of the defect.
If you are considering settling your products liability claim, you need to think about three general issues: liability and damages. Each of these issues has a particular impact when settling your claim.
Settlement Issues: Liability
When we speak of liability we are really talking about who is going to take responsibility for the product that injured you. As you might imagine, a products liability case can include not only the manufacturer, distributor, and/or seller of a product but also the manufacturer, distributor and/or seller of component parts which were defective and which contributed to the injury.
Before discussing settlement with any of the parties, you need to identify all of the parties that might bear some responsibility for your injury.
Settlement Issues: Damages
Once you have identified all the parties who bear some responsibility for your injury, you need to determine what your damages are.
This is not as simple as adding up your medical bills and time lost from work. Generally, these damages can include past and future medical and nursing bills, past and future wage loss, past and future pain and suffering, past and future emotional distress and embarrassment, past and future loss of consortium, as well as past and future expenses associated with the injury such as having to hire work done that you can no longer do. Some of these damages require proof from an expert. For example, usually you will need a doctor to say that you are likely to incur future medical expenses. The doctor will also need to outline the nature and frequency of those expenses. Similarly, with respect to wage loss, you may need to have a doctor say that you are permanently disabled and an economist to demonstrate what you lost in wages and benefits.
At the law office of Andrew R. Lynch, P.C., we are here to help. Products liability cases are complex and long. We believe your case should be prepared to for trial. We have found that putting this hard work into your case puts us in position to get you the best outcome possible.
We cannot promise you an outcome or predict the future, but if an outcome is possible we will work with you to make it a reality.
Please contact the Decatur office of Andrew R. Lynch, P.C. today for a free consultation.