What Happens if You’re Injured by a Product?

Product liability cases are a type of personal injury case. That means if you are injured because of a product, you may be able to seek compensation for related losses, including medical expenses and lost wages (if you can’t work due to injuries).

However, before seeking compensation, you should find out if your situation meets the requirements for personal injury cases by talking to a lawyer. That’s just one of the steps to take if you believe you’re dealing with a product liability situation.

Get Medical Attention for Your Injuries

One of the first things you should do if you are involved in any incident that might warrant a personal injury case is to seek appropriate medical attention. Product liability cases can range from obvious and immediate injuries—such as cuts, broken bones, or other urgent situations—to illnesses or injuries that occur over time with exposure to a product.

In the first type of case, you likely know immediately that medical attention is necessary. In the second type of case, you may not realize an issue has occurred until symptoms develop. Either way, as soon as you suspect that you may be dealing with an issue related to a product, seek medical attention to:

  • Get an accurate diagnosis. Medical providers can help you understand what you’re dealing with and may be able to document a potential connection to a product.
  • Get a treatment plan. The sooner medical providers can diagnose your illness or injury and begin providing treatment, the better outcomes tend to be.
  • Document your condition. If you plan to seek compensation for your losses, you will need evidence that you are injured or sick. Medical records play a critical role in building these types of cases.

Gather Evidence

Even before you reach out to a personal injury attorney about your case, you may want to gather additional evidence to support your claim. This can include:

  • Keeping any remaining product or product packaging for later review. Depending on the type of product, you can store items in a zipper-sealed plastic bag or a protective bin.
  • Gathering names and contact information for any witnesses that saw an accident related to the product or have other information regarding your use of and injury by a product.
  • Your own thoughts and memories. It can be harder to recall details accurately later, so consider using a notebook to write down everything that happens regarding your injury once you believe it may be a product liability issue. You can also use a word processing program or smartphone app to record these details. Make sure to include information like dates, times, and locations.

Know Your Rights

Laws such as the Massachusetts Consumer Protection Law protect consumers against a variety of actions, including false advertising and the production of unsafe products. Understanding your rights as a consumer under the law can help you know what type of case you’re dealing with.

Talk to a Personal Injury Attorney

Consider reaching out to a personal injury attorney as soon as possible when you believe you’ve been injured by a product. An experienced lawyer can help you understand whether you have a case and provide guidance and support as you undertake any lawsuit.

Understand What You Need to Prove

A lawyer will help you understand what you need to prove to be successful with a product liability case. Some of the things you need to prove include:

  • That you were injured. The courts and defendants don’t take your word for it, so you may need to present medical records and bills as well as witness and expert testimony.
  • That your injuries were due to a product. A common defense in these types of lawsuits includes trying to demonstrate that injuries were pre-existing. You may need to work to show that you did not have an illness or injury before you used the product in question.
  • That you are not at fault for your injuries. If you use a product in a way that wasn’t intended, such as ingesting a product not designed for human consumption, you may be deemed partially or wholly at fault for your injuries. Typically, you need to demonstrate that you used the product as the manufacturer intended.
  • Your injuries resulted in substantial loss. You must provide evidence of your losses.

Work With Your Attorney to Build a Case

Your personal injury attorney works with you to build a case for compensation. They will work on your behalf to gather a variety of evidence, such as medical records and witness testimony. Lawyers also work to build a set of arguments to help demonstrate to the judge or jury that you should be compensated for your losses and that the defendants named in your lawsuit are at fault in the incident.

Consider Settlement Offers

If defendants make settlement offers, your lawyer can help you evaluate them. An experienced personal injury attorney can provide some information about whether a settlement offer seems substantial or whether you might be able to get more compensation by pushing through with the case. The role of your lawyer is not to make this decision for you but to provide information and guidance so you can make an educated decision for yourself.

Work With Experienced Personal Injury Lawyers On Your Case

The team at Contant Law, PC, is experienced in a range of personal injury cases. Reach out today by calling 617-221-8221 to find out how we can help with yours.