by Susan Paige
Injuries caused by a product defect can cause severe harm and/or death. A product can be defective because of a design, manufacturing, or marketing defect. Furthermore, you can sue everyone in the “chain of distribution,” which means that you can sue all the way from the manufacturer down to the retailer that sold the item. This large amount of liability that is imposed on these companies and retailers usually means that they have products liability insurance in case they release a defective product out on the market and is sued for it.
Certain malfunctions in products require people to seek professional medical help. Without adequate insurance, these costs can quickly stack up and be a major financial burden. Chiropractor in Broken Arrow initial examinations are expensive, and that is just for an initial exam. Treatment and follow-up appointments can end up costing a lot more than that. A minor injury can also worsen with time. Doctor visits may become more frequent and insurance rates can rise. Initial costs are not always what you initially expect.
Following a successful lawsuit, your present and future medical costs will be compensated (subject to certainty of damages and potential costs discussed below). Without a lawsuit, you forfeit this compensation and may have to pay out of your own pocket. If you wait too long, the statute of limitations in your state will run, preventing you to sue.
We are all aware that the cost of retaining an attorney can be expensive. However, the good news is that most lawyers offer free consultations for new cases so that they can review the facts before commencing a lawsuit. During these consultations, attorneys will give you their opinion on whether it’s worth it for you to sue or not. Usually, you’ll have nothing to lose by having a confidential initial consultation with an attorney to explain what happened.
Furthermore, attorneys typically do not charge you unless your case is successful because they often work on a contingency basis. Therefore, if you obtain a Richmond personal injury lawyer, you will likely not have to pay a dime until and unless you receive a judgment in your favor. On the other hand, some attorneys work by the hour and will charge you for every hour they spend working on your case. Before hiring an attorney, always ask about how they charge.
Comparative and Contributory Negligence
Your ultimate monetary award can sometimes be less than your accumulated costs. For example, if you weren’t handling the product in the correct way or voluntarily and unreasonably assumed the risk of using a product, your damages can be reduced. Although products liability is treated as a strict liability tort, your negligence or assumption of the risk could be a defense for the defendant(s), depending on your state’s laws. Consult with an attorney in your area to be informed about your product liability laws in your state, as these laws can vary.