The Dos & Don’ts of Building a Product Liability Claim

man at hardware store

If you were seriously hurt by some kind of defective product, you likely have grounds for legal action. Since you’ve undoubtedly got enough to worry about over the course of your recovery, though, it’s wise not to go it alone.

By enlisting help from a seasoned product liability attorney, you can focus on your health while your personal injuryclaim proceeds in good hands. There are still a few steps you can take along the way, though—and a few missteps you can make sure to avoid—to support your lawyer’s efforts. Read on to learn what they are:

1. Do Preserve the Item in Question

If possible, save the product that was responsible for your injuries, as well as its original packaging. To keep it from hurting anyone else until you can hand it over to your legal team, store it in a safe place that’s well out of reach of children and pets.

2. Don’t Accept a Premature Payout

Depending on the circumstances, the manufacturer or retailer may reach out and offer you a settlement. This is especially true if the product was recalled and they’re well aware of its defects.

However, even if the proposed amount seems fair, you should not accept it until you’ve had a chance to discuss the offer with your attorney. If the liable party is highly motivated to settle, it could mean they know just how much your claim might be worth. Consequently, by accepting their first offer, you’re essentially leaving money on the table.

3. Do Log All Associated Damages

You’re going to have to prove that you actually incurred all the damages you end up seeking, so it’s important to start tracking them from day one. For example, you should save all the documentation that corresponds with the expenses you wouldn’t have incurred had you not gotten hurt.

You should also start writing in a daily journal. Record how your injuries are affecting your everyday life and ultimately preventing you from thriving. These entries will help demonstrate the extent of your non-economic damage like diminished quality of life and pain and suffering.

4. Don’t Post About the Situation on Social Media

It’s highly likely that the insurance adjuster will take to monitoring your online activity. Should they find something they can spin in such a way that it allows them to challenge your credibility, you can be sure they’re going to. As such, it’s best to lay low on social media for as long as your claim is pending.

Speak with a Florida Product Liability Attorney

At Emerson Straw, we’re equipped to go up against even the largest manufacturers and retailers. If you turn to us for help with your product liability claim, you’ll get the knowledge, resources, and experience of a powerhouse practice backing your every move. To set up a free initial consultation with one of our Florida product liability lawyers, submit our Online Contact Form or call (727) 821-1500.

The information on this website is not legal advice for any particular case or circumstance. It is intended for informational purposes only. Use of this website does not establish an attorney-client relationship.