Quirk Accident & Injury Attorneys represent victims injured by defective products in California. Defective products can range from poorly designed gym equipment to faulty distributed cars and car parts. All defective products have the potential to cause life-altering injuries, leaving victims with undeserved financial hardships and the inability to make a living.
At Quirk, our team of Defective Products Attorneys will help you recover the compensation you need to get your life back on track. To understand your legal options, contact Quirk Accident & Injury Attorneys for a no-cost, no-obligation consultation.
Do I Need a Lawyer for a Defective Product Injury?
If your injuries required medical treatment or missed time at work, then it is recommended to consult with an attorney. After an injury, most victims will be offered a quick settlement by the liable party’s insurance company. But what most victims don’t understand is that an initial settlement offer does not typically cover the extent of your damages, such as long-term treatment, missed time at work, emotional trauma, and revocational training if you’re too injured to return to work.
That’s why the Quirk Accident & Injury Attorneys hold the insurance company liable for the full extent of your damages. We understand that clients only get one chance at recovering financial compensation, which is why we aggressively pursue a fair settlement for the following damages:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity, you’ve suffered from your injuries
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your property during the accident
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
- Your mental state after a life-changing accident
Steps You Should Take After a Defective Product Injury
A sudden injury caused by a defective product can quickly change many aspects of your life, which is why it is important to make sure you take the necessary steps to protect your right to compensation. If you’re unsure about what you’re supposed to do, don’t worry. At Quirk Accident & Injury Attorneys, we can handle your case for you, so you don’t have to worry about being taken advantage of by the insurance company, defense lawyers, or missing out on compensation you may need for current and future medical procedures.
We recommend taking the following steps to ensure you have a strong case:
- Collect Medical Records: Even if your injuries seem minor, they can manifest into something much worse weeks later. So, it is recommended to check in with a doctor and get a record of your injury. An MRI or an X-ray can reveal substantial damage that you might not be aware of. These documents will be essential to building a strong case.
- Get a Police Report (if applicable) or injury report: Failing to report your injury to some figure of authority, or a corporation, will not help your case, especially if the case comes down to your word over the other party’s word. An injury report will provide important details about what happened and may even assign blame. This info is critical evidence in any claim and will play a key role in ensuring you are fully compensated.
- Gather Evidence: You should document the accident as thoroughly as possible. Take pictures of the defective product and the property where the accident occurred. Take a video of yourself recounting the accident while it is still fresh in your mind.
- Collect Eye Witness Statements: if there are any eyewitnesses, try and get a statement from them. Or, at least, get their names and numbers, as they can testify on your behalf or provide a statement to corroborate your story later.
- Collect General Information: Be sure to get the name, phone number, and contact information of the liable party.
- Contact Quirk Accident & Injury Attorneys: Our firm is standing by to help injured victims in California. Call, text, or email. Our door is always open to the community, and we’d love to help you through this difficult time.
What Info is Needed During a Law Firm’s Intake Process?
The intake process usually starts off with a questionnaire to assess the merits of the case. This questionnaire will provide the law firm with key information to help determine if a case is worth pursuing or not. However, if you’d like to speak directly to an attorney, you can usually setup a brief meeting to discuss the details of your situation prior to answering a questionnaire. The following data is what potential clients will need to begin the intake process with a law firm:
- Employment details: current or former employer, job title, dates of employment, and compensation information.
- Nature of the complaint: type of carelessness that led to your injury (premise liability, car accident, defective equipment)
- Timeline of events: dates of key incidents, formal complaints filed, relevant communications with employer
- Witnesses: names and contact information of potential witnesses to the alleged misconduct
- Documentation: list of relevant documents (x-rays, MRIs, doctor’s diagnosis, physical therapy appointments, workers’ compensation forms)
- Prior legal action: if you’ve filed previous personal injury claims, then the details of your previous case may be relevant to your new case
- Medical information: details about your medical diagnosis and treatment plan
- Social media presence: your injury may be documented online, as well as you discussing the details of your personal injury
Initial Consultation With a Personal Injury Lawyer
Most personal injury lawyers offer free initial consultations. During an initial consultation, you are under no obligation to hire the attorney or pay them a fee for their services. In the same breath, an attorney is under no obligation to represent you in your personal injury case. Before your first meeting with a potential lawyer, you should be prepared. You can present your case to a lawyer in a professional manner by:
- Jotting down the key points in your case to share with them, or give them a written copy
- Bring the names, addresses, and telephone numbers of everyone connected with the case
- Bring all papers related to the case as they might be helpful for the lawyer to review
- Prepare questions for the lawyer such as:
- Have they handled similar cases to yours?
- Did they settle or go to trial?
- How many clients have they represented in court?
- How many trial cases have they won?
Defective Products and Product Liability Law
If a defective product caused you to get hurt, you can file a product liability claim against the liable party. Typical liable parties for a defective product accident include:
- Manufacturer
- Designer
- Retailer
- Corporation
- Government
If the accident was fatal, then the family of the decedent would file a wrongful death claim. However, it is recommended to speak with a product liability lawyer before discussing the incident with the liable party’s insurance.
How is Fault Proven in a Defective Product Lawsuit
Fault is typically proven through investigations, interrogatories, and depositions. These are legal procedures best handled through an attorney. Defective product accident victims who partner with attorneys tend to get more compensation than those who do not. An attorney can seek damages through product liability lawsuits based on:
- Strict liability: a manufacturer can be held responsible for strict liability. A plaintiff must prove the product was defective and the defect was a direct cause of their injury. Strict liability can be imposed for three types of product defects:
- Manufacturing defects
- Design defects
- Warning defects (inadequate warning)
- Carelessness: requires the plaintiff to prove the defendant failed to exercise reasonable care in the design, manufacture, or distribution of their product, which caused substantial injuries.
- Breach of warranty: warranties guarantee a product’s performance, but if a part fails to meet these guarantees, a breach of warranty could be pursued.
Defective product lawsuits are notoriously complex due to the number of liable parties involved. To achieve a successful lawsuit against a parts manufacturer, distributor, retailer, or employer, it is vital to consult with a Quirk Accident & Injury Attorney who can manage every aspect of your case and ensure your right to fair compensation is protected. Examples of defective products include:
Contact a California Defective Products Injury Lawyer
If you or a loved one has been injured due to a defective product in California, Quirk Accident and Injury Attorneys can provide you with legal support to get you the compensation you need. Our firm protects injured victims and will aggressively take legal action against all parties responsible for your injuries to reach a successful settlement. Don’t wait until it’s too late to take legal action. Contact Quirk Accident & Injury Attorneys today for a no-cost, no-obligation consultation. Our firm operates on a contingency basis, so you will not have to pay a cent unless we win your case.