How to Bring Forth a Defective Product Claim
It seems as if every day there is yet another news story or research paper published regarding the danger of common household products. Indeed, in the last few years, there have been lawsuits filed against Johnson & Johnson over claims that its talc-containing products cause cervical cancer; claims filed against numerous automakers for vehicle defects ranging from defective airbags to faulty ignition switches; to recent lawsuits against Monsanto over allegations that its weed killer, Roundup, causes non-Hodgkin lymphoma.
Further, it is a fact that there are hundreds of products that are recalled every year by the Consumer Product Safety Commission. Sometimes, however, these recalls are issued too late, and people have already been injured. If you have been injured by a defective product, here’s what you need to know about how to bring forth a personal injury lawsuit
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Hire an Attorney
If you think that you may have a case against a company due to harm suffered by one of its products, the first thing that you should do is hire an attorney. A good personal injury attorney will review your case for free, and provide you with the sound legal advice you need moving forward. Keep in mind that large corporations often have teams of highly skilled attorneys working for them – hiring an attorney of your own can help to even the playing field.
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Gather Evidence
In order to bring forth a successful claim against a company, you will need to have plenty of evidence. In fact, if you are alleging that a company’s product caused you harm, you may have to prove that the product caused harm to other people as well – your claims alone may not be enough to prove that the product is defective and that the company should be held liable as such. Your lawyer will have the legal resources and relationships with experts necessary to aid you.
You will also need evidence of the harm you have suffered.
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Provide Notice of Injury and Pursue Your Claim
Your attorney will guide you through the process of notifying the company and their liability insurer of your injury, and presenting evidence of breach of duty of care owed to you and causation (that your injuries would not have occurred but for the product).
Contact Our Law Office Today
Unfortunately, many claims don’t always end after letting a company know that it’s product caused you harm and requesting damages. In many cases, the company will deny the claim, or causation will be disputed. When this is the case, you may need to pursue a lawsuit. At the offices of the Wall Huntington Law, our experienced Kansas personal injury lawyers are here to help. Contact us today for your free consultation.
