What are my options if a faulty product caused my burn injury?
You will have two main options if a faulty product causes your burn injury. The first is to file a product liability claim directly with the product manufacturer. The second is to file a product liability claim in a civil court. The outcome of the first option will depend on whether the second is necessary.
How Do I Prove My Burn Injury?
To prove your burn injury case, the case must satisfy the following key elements:
Firstly, you must prove that the product caused your injury.
Secondly, you must also prove that the product was defective. Under this category, you will need to demonstrate that the product's defective condition was not so obvious to an average consumer.
Thirdly, you must prove that the product's defective condition resulted in your injury. In other words, there should be no other reason for the burn injury except the faulty product.
Lastly, you must prove that you used the product as intended.
Although these four elements seem pretty straightforward on paper, they are not always easy to prove. But you should not be concerned about that when you have a valid claim and a Morgan and Morgan product liability attorney by your side.
How Can a Product Liability Attorney Help?
An experienced product liability lawyer will evaluate the specifics of your case. If you have a valid claim, they might help you prove the four key elements of a product liability case. If those four elements are verified, the attorney will then help you file a claim with the product manufacturer.
It is also worth noting that product liability cases are not easy to win but having an experienced attorney improves your chances of obtaining favorable results. These attorneys know how product liability laws apply to your specific situation. They also know the different tactics product manufacturers and their insurers use to avoid liability. For this reason, they can navigate complex processes in their fight for justice.
What If the Product Manufacturer Is Unwilling to Settle the Claim?
In most product liability cases, product manufacturers and insurance companies prefer negotiating a settlement out of court. This is because out-of-court settlements are usually faster and less expensive than filing lawsuits. That said, if the liable party is unwilling to settle out of court, then filing a lawsuit might be the most reasonable thing. And if they lose the case, they will need to pay more than they would have had they opted for an out-of-court settlement.
What Damages Can I Recover From My Burn Injury Claim or Lawsuit?
The exact damages will depend on the specific details of your case. But generally, you may be able to recover both economic and non-economic damages. Some examples of economic damages include loss of wages, medical expenses, cost of transportation to and from your medical appointments, cost of medical equipment, cost of hiring a caregiver, loss of earning potential, and so on.
If you decide to claim non-economic damages, you may receive compensation for pain and suffering, permanent disfigurement, mental distress, loss of enjoyment of life, and so on.
Let's say the product liability attorney files a lawsuit, and the court determines that the product manufacturer was grossly negligent. In that case, the court might add punitive damages to the settlement amount. Punitive damages are usually around three to four times the amount of compensatory damages. This is one of the reasons most defendants prefer settling these cases out of court to avoid the unexpected.
What Should I Look for in a Product Liability Attorney?
You need to look for many different things in a product liability attorney. However, these three are the most important:
Experience: The last thing you want is to work with an inexperienced attorney. They will likely settle for a lowball offer, leaving you with huge medical bills and other expenses to deal with for months or even years, depending on the severity of your injuries.
Results: You also need a product liability attorney with proven results. This is not the time to hire an attorney who wants to use your case as an experiment. Rather, you need one with a solid track record of winning these kinds of cases.
Resources: Product liability cases require a lot of resources to prove. Proving the four elements we mentioned earlier could drain you emotionally, psychologically, and financially. Remember that manufacturers can afford attorneys because they make huge profits from selling their products. For this reason, you need an attorney with powerful legal resources to fight back.
Why Morgan and Morgan?
Morgan and Morgan does not need any introduction when it comes to product liability cases. Our law firm has a solid track record of taking on some of the biggest companies in the United States, like T-Mobile, Yahoo, Progressive, and others. In addition, because we are the biggest personal injury law firm in the country, we have access to powerful legal resources to fight for our clients. This means we do not settle for less than what our clients deserve for their injuries.
Most importantly, we are a law firm for the people. We understand the pain people go through when living with the consequences of the negligence of big companies and corporations. For this reason, our attorneys are specially trained and uniquely equipped to fight for the people, ensuring their voices are heard and rights protected.
Fill out our free case evaluation form if you have suffered burns from using a faulty product. This could be the beginning of your journey to compensation.