Steps to Take After a Defective Product Injury

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When you purchase and use products, you assume that manufacturers have ensured that they are safe for their intended and foreseeable uses. Unfortunately, some products cause injuries to users due to design defects, manufacturing defects, or lack of instructions and safety warnings. Under product liability law, you have the right to pursue compensation from a manufacturer and other liable parties after you are injured by a defective product. However, there are steps you need to take after being hurt due to product defects to ensure you have the best chance of obtaining a financial recovery for your injuries. 

Seek Medical Attention

First, you should seek medical attention as soon as possible after being injured by a defective product. Seeing a doctor as soon as possible after an accident will ensure that your injuries are properly documented as having been caused by the defective product, rather than occurring sometime later after the accident. It will also ensure that you promptly begin treatment for your injuries, which can help your prognosis as it prevents your injuries from continuing to worsen. Make sure to follow through on your medical provider's treatment plan and instructions, otherwise, you may hurt your rights to compensation if you are accused of not mitigating your damages by getting treatment. 

Keep the Product

If safe to do so, keep the product that injured you. If you cannot keep the product, then take photos of it. Also make sure to keep or photograph the product’s packaging, any written materials included with the product, and the receipt or other records of the purchase. Having the product on hand can help your product liability case by allowing you to turn the product over to an engineering expert or other expert who can examine the product to identify the defect that injured you.

Document Your Claim

In addition to keeping or photographing the product, you should also gather other documentation in support of your claim. This includes photos or videos of the accident scene, any accident or incident reports (such as a police motor vehicle accident report if you were involved in a crash caused by a vehicle defect), eyewitness statements, and medical records from your treatment and rehabilitation. You should also keep copies of any bills, invoices, or receipts for expenses you incur to treat your injuries, as well as copies of your pay stubs or income statements to calculate your lost wages if you need to take time off work to recover from injury. 

Speak to an Attorney

Finally, you should consult with a product liability attorney as soon as possible. Manufacturers have an understandable interest in denying your product liability claim by asserting that their product is not defective. A product liability lawyer can investigate your case and work with experts to prepare an effective, persuasive argument to support your legal claim. Your attorney can also help you document your expenses and losses, and will advocate on your behalf at the negotiating table or in court and at trial to fight for maximum compensation for your injuries. 

Contact a Rochelle Park Personal Injury Lawyer to Discuss Your Product Liability Case in New Jersey

Did you or a loved one sustain serious injuries due to a defective product in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at The Epstein Law Firm, P.A. represent clients injured because of defective products in Jersey City, Union City, Bayonne, Hoboken, and throughout New Jersey. Call 201-231-7847 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 340 West Passaic St., Rochelle Park, NJ 07762.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.