Where Can I Find Help for My Product Liability Cases in Palm Harbor, FL?
Product Liability Lawyers in Palm Harbor, FL
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Product Liability Lawyers in Palm Harbor, FL
On March 3, 2022, Carla Wiggins filed a lawsuit with the U.S. District Court of Florida. The lawsuit, filed against Medtronic Minimed, Inc., claimed the company sold a defective product that resulted in the untimely death of Wiggins’s father, Carlton D. Gautney, Jr.
According to the lawsuit, an insulin pump produced and sold by the company failed due to a faulty retainer ring. This resulted in the pump delivering too much insulin to Gautney, causing his death.
Wiggins was able to file a lawsuit against Medtronic Minimed because product liability laws in Florida require companies to produce safe products. Gautney’s death would have been preventable or at least unlikely if the product had worked as promised. But it didn’t, and Gautney suffered harm from the defective product, as did his daughter when she lost her father.
While there’s no way to bring back her father, Wiggins can recover money to help pay for expenses resulting from his death and to compensate for her pain and suffering.
She was only able to file this lawsuit thanks to the help of a product liability lawyer like the attorneys at Morgan and Morgan. Our Palm Harbor product liability lawyers help clients get money after they or a loved one is injured by a defective product.
If you need assistance from Palm Harbor product liability lawyers, contact us today for your free case evaluation.
Product Liability Cases Come in Many Forms
Product liability cases are a result of defective products. But that doesn’t mean that all defective products lead to product liability cases. For a defective product to result in a product liability case, proper use of the product must have resulted in meaningful harm.
Each piece of this definition is important. If your defective product simply doesn’t work, you may be able to demand a refund or get a replacement, but you don’t have a product liability case. For example, if your DVD player stops working due to a defective circuit board, you’ve been inconvenienced, but not meaningfully harmed.
Furthermore, you must be using the product properly. If your improper use of a product resulted in it causing harm that it couldn’t cause under proper use, it doesn’t matter if the product has a defect. Your unsafe use caused the liability, not the defect.
With that being said, the person using the product does not have to be the person harmed. If someone else is using a defective product and that causes harm to you, you can file a product liability lawsuit. Similarly, if you are using a defective product, and someone else is injured as a result, they can file a product liability lawsuit.
Finally, harm can be defined in many different ways. In the case noted above, Wiggins suffered harm because her father died. Other common types of harm include:
- Serious injuries
- Damaged or destroyed property, including homes from fire
- Mental anguish
- Worsening of a medical condition (usually from defective drugs)
- Death of a pet
The number of ways you can be seriously harmed is almost as varied as the products that can be defective. If you aren’t certain whether your case qualifies for a product liability lawsuit, speak to a Morgan & Morgan attorney.
Our Palm Harbor product liability lawyers can evaluate your case and determine whether you can get money in a product liability lawsuit.
How Palm Harbor Product Liability Lawyers Get You Money
Just because you qualify for a product liability lawsuit doesn’t mean it will be easy to get compensation. It can potentially take years to gather evidence for a product liability case, and a trial might take additional years. At Morgan & Morgan, we try to cut that time down to months or weeks when possible.
Experience is what allows us to do that. We keep up to date with product liability cases throughout the state and country. If another person has already successfully sued because of the same defect that harmed you, it’s much more likely we can get you a quick settlement.
Additionally, we have decades of experience in gathering convincing evidence quickly. We work with doctors and engineers who can quickly determine why you were injured and how it could have been avoided if the product wasn’t defective.
When we present convincing evidence to a liable company, it will usually make a quick and fair settlement offer rather than risk going to trial.
Our Palm Harbor product liability lawyers may also be able to get you money that you didn’t realize you deserved. Most of our clients want money for medical bills and lost income, but don’t realize that they are also eligible for additional compensation.
We help you determine all of the compensation you’re eligible for, and we fight to make sure you get it.
Palm Harbor Product Liability Lawyers in the Courtroom
Product liability cases don’t always end in a settlement. Liable companies may choose to risk the judgment of a jury for any number of reasons. Companies will often try to “play out the clock” by locking the plaintiff into seemingly endless court proceedings.
This is where Morgan & Morgan attorneys shine.
Our dedicated Palm Harbor product liability lawyers will never stop fighting for you. It doesn’t matter how many motions opposing counsel makes or how much they try to delay the process. We will keep pushing for a quick resolution, while also trying to maximize the money you receive.
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Who Pays Me if I Win My Case?
In almost every case, you won’t be paid by the company that created the defective product. Instead, you will be paid by the company that insured the product creator. This also means that it’s often the insurance company that decides on whether to settle or not.
This situation is beneficial for you because there are fewer insurance companies than manufacturers and our attorneys are familiar with most insurance companies.
Should I Take the First Settlement I Am Offered?
Whether you should accept the first settlement offer from an insurance company depends on how fair the offer is. Many insurance companies will try to make a quick lowball offer just to get rid of you. If an insurance company has made an unfair offer, you should rarely ever accept it.
On the other hand, if the insurance company has reason to believe that a trial would result in it having to pay significantly more compensation, it may make a fair offer as its first offer.
If the offer is fair, we will usually recommend you accept it, even if it isn’t quite as much as you had hoped for. Getting money quickly, without the uncertainty of a trial, is typically much better for you in the long run.
How Much Money Can I Get From a Product Liability Lawsuit?
The amount of money you can collect depends entirely on the details of your case. The more seriously you were harmed and the longer any consequences from that harm last, the more money you can get.
For example, in the case of Carla Wiggins, she sued for $75,000 for the wrongful death of her father. However, if instead of him dying, the defect had resulted in him needing decades of expensive medical treatment, she could easily have sued for millions of dollars.
Should I Join a Class-Action Product Liability Lawsuit?
There are advantages and disadvantages to joining a class-action lawsuit. The biggest advantage is that you don’t need to prove your specific case. If you are part of the class and the case is won, you will receive compensation, even if you had a relatively weak case.
The biggest disadvantage is that you will likely receive much less money than if you brought the case as an individual. If you have suffered significant harm, you could be eligible for millions in compensation, and you are extremely unlikely to get that much from a class action lawsuit.
Your Morgan & Morgan liability attorney can explain all of your options and help you choose the one that’s best for you.
Can I File My Lawsuit in Palm Harbor?
If the product was purchased in Palm Harbor, you can probably file your case locally. But that might not always be true.
Regardless of where you file your case, you can retain a Morgan and Morgan product liability attorney from our Palm Harbor office. This means that you always have a local contact, even if we have to file your case in another part of the state or possibly in another state.
I’m Worried About the Cost of a Lawyer. How Much Do Palm Harbor Product Liability Lawyers Cost?
At Morgan & Morgan, we only take product liability cases on contingency. This means that we don’t charge you anything unless we can get you money, either through settlement or as a result of a trial. Until that happens, we pay for all fees and don’t bill you for our time.
If we are unable to get you compensation for your product liability case, you will never receive a bill from us.
We can make this offer because we have an experienced legal team with an excellent record of success. We can consistently evaluate whether cases are likely to succeed, and we know how to get insurance companies to settle quickly and fairly.
Our experience and confidence benefit you. And because our pay is dependent on your settlement, you know we are trying to get you the highest settlement possible.
Do I Have a Product Liability Case if the Company Issued a Recall?
A recall is an attempt by a company to reduce or eliminate liability for a defective product. By recalling the defective products and repairing or replacing them, the company can no longer be found liable for future damage caused by the recalled products.
If you knowingly and willfully ignore a recall, you are giving up your right to file a product liability lawsuit against the company.
However, there are a lot of caveats involved with that. First, the company must make every reasonable effort to make you aware of the recall and to make it possible for you to take advantage of the recall.
Second, if you have been harmed before the recall was issued or before you were contacted about the recall, then the recall does not retroactively protect the manufacturer from liability.
A properly issued recall will shield the manufacturer from liability eventually, but that takes time. Your Morgan and Morgan product liability attorney can tell you whether you still qualify, even after a recall was issued.
Palm Harbor Product Liability Lawyers
Morgan & Morgan product liability lawyers have decades of experience dealing with insurance companies, both at the negotiating table and in the courtroom. We are proud of our long list of successes and the thousands of clients we have helped get the money they need after suffering harm from a defective product.
If you have been hurt physically, mentally, or financially by a defective product, our compassionate legal team is ready and able to help you get all of the compensation owed to you.
Use our contact form today to get your free evaluation and learn how you can recover the money you need and deserve for a product liability case.