Product liability is defined as the legal responsibility that distributors, wholesalers, retail stores, manufacturers and other businesses for injuries that their products may cause.
When filing a product liability claim, keep in mind that not all claims go to court. Depending on the nature of your case, you might end up negotiating with the manufacturer’s insurer in order to get fair compensation.
This is why we have put together a list of tips that will help you to not only negotiate a fair compensation for your product liability claim but to also understand how the entire process works.
Tips for Negotiating Compensation in a Product Liability Claim
Establish a Valid Claim
Before you seek compensation, you have to establish a basis for your claim. You have to be knowledgeable about federal and state laws as well as legal theories about product liability. For most claims, you need to prove that the product was defective. There are three types of defects:
Manufacturing Defects
These are errors that happen during manufacture. The design of the product is correct but somewhere during the manufacturing process something went wrong.
Design Defects
This one is self-explanatory. The design of the product was flawed or the defect happened during design modification.
Marketing Defect
This happens when a manufacturer does not provide enough information about how to use a product or the side effects of using it.
With that being said, if you can point out what kind of a defect the product had when it malfunctioned, that would help your case. However, this may be hard to establish but the fact that the product malfunctioned should be enough for you to file a claim.
Always remember that every product liability case is unique. It’s always a good idea to consult a product liability attorney in your area because they have the skill and experience to analyze your case better.
Seek Medical Attention
You should always go to the hospital after an accident for a health care professional to assess your injuries. When you arrive at the hospital, explain to them how you were injured, where and when. Doing so will ensure that your medical records show a link between your injuries and the defective product.
Pay Attention to the Statute of Limitations
When the statute of limitations runs out before you file your claim then you won’t be able to file it. Try not to wait too long before taking action because you need time to collect evidence, find expert witnesses, find a good lawyer for your case and start negotiations with the manufacturer’s insurance company. All these things may take longer than expected and insurers know this. For instance, an insurer might give you a low ball offer because they know the deadline for filing your lawsuit is in a few weeks and you won’t be able to file one in good time.
