5 Steps to Take If You’re Hurt by a Defective Product
Whenever you use an item as instructed, it’s reasonable to assume you won’t get hurt in the process. As many people have learned the hard way, though, even seemingly safe products can have dangerous defects, posing the risk of serious injury and even death.
Thankfully, those who get hurt while using such items are typically entitled to compensation. In order to seek a payout, however, they must first put together a strong product liability claim.
If you were hurt while using flawed merchandise and you want to file a claim, you can help your case get off on the right foot by taking the following steps:
1. Preserve the Item in Question
If you can save the affected product, make sure to do so. Just store it well out of reach of the rest of your family, including children and pets, so no one else ends up getting hurt.
If you still have the original packaging and the instruction manual, those are worth saving, too. Finally, if you modified the item in any way, preserve both the original and adapted parts, as well as their associated documentation.
2. Dig up the Proof of Purchase
The receipt for the transaction that included the product in question could bolster your claim. At the very least, it will provide a dated record of the purchase, which is especially important if the item was later recalled.
3. Seek Medical Care
As soon as possible after the accident, visit a doctor. Even if you think the injuries you sustained are not life-threatening, you may need prompt treatment to prevent complications that end up being life-threatening.
Prioritizing your care will also demonstrate a commitment to mitigating damages, and the associated paper trail will inevitably strengthen your claim.
4. Track Recoverable Damages
Since you can only seek compensation for the damages you can prove you incurred, it’s important to start logging them from day one. Create a spreadsheet on which you record every injury-related expense, and save all the associated receipts and invoices to support these figures. Claimants often find it’s easiest to digitize the paperwork before forwarding it along to their legal team for tracking.
5. Start a Daily Journal
Florida recognizes the validity of non-economic damages, which include losses like pain and suffering, mental anguish, and diminished quality of life. Since such damages aren’t accompanied by documentation, however, you’re going to have find another way to demonstrate their extent.
This is where detailed personal injury journal entries can come in handy. If you write about the hurdles you face as a result of your injuries, you can then use the daily logs to back up your claim for non-economic damages.
Discuss Your Claim with a Product Liability Attorney in Florida
Think you might have grounds for a product liability claim? To determine how best to proceed, turn to Emerson Straw.
Our tenacious team is committed to seeing every claim through to the end. As a result, we’ve secured numerous six- and even seven-figure payouts for our valued clients. To set up your free initial consultation with a product liability lawyer in Florida, call (727) 821-1500 or fill out our Online Contact Form.