3 FAQs About Taking Action Against a Manufacturer
When defective products cause serious injury, the affected parties are often wary of proceeding with legal action. Just because they have grounds to file doesn’t mean securing a payout will be easy.
What’s more, it’s reasonable to assume manufacturers have the resources to challenge every personal injury claim that comes their way. As such, moving forward means starting an uphill battle.
Unfortunately, this line of thinking often means leaving money on the table. If you were hurt by a defective product and think the manufacturer is to blame, it’s at least worth discussing the situation with an attorney.
A knowledgeable professional can evaluate the case from all angles to determine how best to proceed. If you’re wondering what to expect along the way, here are the answers to some of the most frequently asked question about filing a product liability claim:
1. How Do You Prove a Manufacturer Is Liable for Injuries Caused by a Defective Product?
When putting together a product liability claim, the most compelling evidence comes down to the facts of the case. There are a few pieces of proof, though, that almost always contribute to a claim. These include the item’s design schematics, original packaging, and instruction manual.
If the product was recalled, any case studies or other documentation regarding why it was pulled from the shelves will also come in handy.
2. What Kinds of Damages Can You Seek from a Manufacturer by Filing a Product Liability Claim?
Under Florida tort law, those who get hurt by defective products are entitled to seek compensation for both monetary and non-monetary losses stemming from the accident. Such recoverable damages include:
- Loss of enjoyment in life,
- Emotional distress,
- Pain and suffering,
- Property repairs,
- Replacement services,
- Lost wages,
- Lost earning capacity, and
- Medical expenses.
In Florida, a victim’s spouse is also entitled to file a claim in pursuit of loss of consortium. This refers to the harm their marital relationship has suffered as a direct result of the victim’s injuries.
3. How Long Do You Have to Take Action Against a Manufacturer in Florida?
Most personal injury actions must be brought within four years from the date on which the cause of action occurred (or should have been discovered through reasonable diligence). There are several scenarios that can prompt an exception to this filing deadline, however, so you should never assume you have plenty of time to proceed. Instead, it’s wise to get your claim underway as soon as possible.
In addition to ensuring the statute of limitations doesn’t run out, calling a lawyer right away will give your legal team the chance to obtain evidence that might not be available indefinitely. This, in turn, will help you put together the strongest claim possible.
Call (727) 821-1500 to Speak with a Product Liability Attorney in Florida
At Emerson Straw, we’re not afraid to take on even the largest corporations. If you were seriously hurt by a defective product, we won’t rest until we’ve helped you pursue all possible avenues of compensation. Call (727) 821-1500 or fill out our Online Contact Form to schedule a free initial consultation with a product liability lawyer in Florida.