Consumers have the legal right to expect safe products from manufactures. In fact, federal laws demand it. All products that could pose a risk to any consumer must have proper warning labels for these risks to warn consumers and prevent consumer injuries. Reviewing the 5 steps to take if a consumer has sustained a defective product injury shows the victims what to do next.
1. Start a Personal Injury Claim
Starting a personal injury claim enables the victim to seek compensation for their injuries and any financial losses they have incurred because of the accident. This includes all medical expenses incurred to treat the injuries, the cost of the product, and any losses incurred such as organ function or loss of limb. The victim can also seek some tort claims such as pain and suffering due to their injuries. It is necessary for the consumer to hire an attorney to start a legal claim against the manufacturer. Victims who need more information about starting the legal claim can visit lawboss right now.
2. Report the Product to the Consumer Rights Protection Agency
Reporting the product to the Consumer Rights Protection Agency increases the potential for a product recall if the product is deemed a risk to the public. The agency conducts a series of tests to determine if the consumer’s claim is valid. If the product presents a risk to consumers based on a design flaw or a risk that wasn’t reported on the product’s packaging, the agency can issue a recall and demand that either the manufacturer removes the product from stores, provides a full refund to consumers, or follows specific instructions to prevent further injuries to consumers.
3. Collect Medical Records
Collecting medical records for the claim helps the consumer pinpoint the product as the source of their injuries. The records must show that the injuries are consistent with the use of the product as directed on the product’s packaging. The victim’s injuries cannot occur due to any other event, and the evidence must show that the consumer used the product correctly.
4. Calculate the Full Financial Loss Caused by the Injuries
Calculating the full financial loss caused by the injuries helps the court determine how much the victim is entitled to if they win their case. Typically, the economic damages include the cost of medical care, any lost wages, and an award for any permanent losses the victim incurred due to the injuries. Tort damages are determined by the court, and entitlement to tort damages depends on the severity of the victim’s injuries.
5. Keep the Product You Used for Forensic Testing
Keeping the original product helps the victim show that the product they used caused their injuries. They cannot use another copy of the same product. It must be the exact product the victim used. The attorney will order forensic testing for a defective product to show how the victim’s injuries were caused and substantiate the victim’s claim in court. The findings determine if the victim’s claim is valid.
Consumers who have been injured by a product have several steps they can take to get compensation from the manufacturer. First, it is necessary to start a legal claim quickly to avoid exceeding the statute of limitations. Next, the victim must acquire evidence to substantiate their claim. Reviewing each of these steps helps the victim prepare for their case.