Defective products cause serious injuries in a number of ways. Whether an item breaks during use, malfunctions, or simply does not work as advertised, a faulty product can lead to lacerations, burns, broken bones, or more severe injuries. Depending on the product and how it fails, some people may suffer lifelong disabilities or even die.
If you suffered an injury due to a defective product, you can file a claim against the designer, manufacturer, or distributer. At the Law Firm of Anidjar & Levine, we can help you identify the liable party or parties and file a claim for compensation. Call our office today at 800-747-3733 to schedule a complimentary consultation with a defective products lawyer in Port St. Lucie.
When is a product defective?
Product defects occur most frequently during the design or manufacturing process, but they can also occur at any time between production and distribution. Some common types of product defects include:
- Products with design defects that are unsafe, even when used correctly;
- Manufacturing defects, such as weak materials that break during use; and
- Packaging defects, usually stemming from poorly written directions or missing warnings.
You probably encounter defective products more often than you realize. Depending on the nature of the product, some are much more likely to cause serious injuries than others.
A leak in your ballpoint pen may be a manufacturing defect, but it is unlikely to cause you any serious harm. However, unsafe car parts or tires can lead to catastrophic collisions and even death. Other dangerous defective products include baby items, toys, medications with incomplete warnings, tools, and appliances.
Who is liable for my injuries?
Florida tort laws allow you to hold the negligent party or parties responsible for any injuries you sustain in Port St. Lucie. When the negligence occurs somewhere along the manufacturing and supply chain of a large corporation, however, it is difficult to prove exactly where the fault lies. This is why Florida has a strict liability statute in place.
Strict liability means we can hold the manufacturer of a defective product liable for your injuries without proving exactly where or how the defect occurred. To establish liability, we need to collect and present evidence to prove:
- The item was defective;
- This defect caused your injuries; and
- You used the product according to package instructions or with reasonable methods.
This is not as simple as it sounds. Product manufacturers rarely want to admit their products have defects, because they fear this opens them up to other insurance claims and lawsuits. Instead, they employ a team of lawyers to try to squash your claim and pay as little as possible without admitting fault. We have to navigate this complicated claims process aggressively, fighting to recover every dollar of the compensation you deserve.
What types of damages can I collect with my claim?
To build the strongest case possible to support your claim and get the fair settlement you deserve, we work tirelessly to uncover every available bill, receipt, estimate, and other type of documentation to show the full amount of your injury-related expenses. We can also bring in experts to help us estimate your future care costs and any losses related to your wages or benefits. This allows us to put an estimated value on your damages that includes the cost of:
- Medical treatment;
- Rehabilitation and therapy;
- Ongoing and future care;
- Current lost wages;
- Future pay losses;
- Loss of benefits if unable to return to work;
- Other injury-related expenses; and
- Pain and suffering.
In some defective products cases, we also pursue punitive damages. Courts typically only award this type of damages when the manufacturer knowingly sold a defective product or if the defect occurred because of an intentional act.
It takes skill, experience, and resources to put an accurate estimate on this type of claim. If you do not discuss your damages with one of our attorneys before signing a settlement agreement, you may leave a lot of money on the table. In many cases, we see people settle for less than they need to pay their medical bills and cover their future care costs. You have nothing to lose and thousands to gain by giving us a call before you agree to a settlement in your defective products claim.
Do I need a lawyer?
There is no reason to face a team of corporate lawyers on your own. We can handle your claim for you. Having an attorney on your side is the best way to ensure your rights remain protected and you recover the maximum amount available for your claim. Lawyers can often secure much higher payouts for their clients in these cases than the client could without legal help.
It is our job to understand the complex state and federal laws that address product liability laws. We are also familiar with the federal safety regulations and manufacturing guidelines that apply in some defective product cases, such as those involving prescription drugs. We know where to look for evidence to build a strong case to support your claim and we have a team of experts who can help us understand your current and future financial needs. You need a competent lawyer on your side during the claims process.
Once we build your case, we send a demand letter to the insurance company requesting a full and fair settlement offer. This typically begins negotiations that result in a just payout for your damages.
At the Law Firm of Anidjar & Levine, we can help with your defective products claim.
At the Law Firm of Anidjar & Levine, we understand how a defective products injury can impact your life. Call our South Florida office today at 800-747-3733 to schedule a complimentary consultation with one of our Port St. Lucie defective products lawyers.