Mistakes To Avoid When Filing a Product Liability Claim

When you buy a product, you expect it to be safe enough when you use it as intended. Unfortunately, this isn’t always the case. Sometimes defective products, improperly designed products, or products with inadequate labeling can cause life-threatening injuries. When this happens, you are entitled to recover damages for harm suffered from the liable parties, be it the manufacturer, or distributor. This you do by filing a product liability claim in a civil court. While pursuing a product liability claim, there are several mistakes you should avoid, as we discuss in this article.

Delaying to File the Claim

You should not wait too long to file the claim. This is because South Carolina has a statute of limitations on all personal injury claims, including product liability claims. Individuals who wish to pursue a civil action in SC have no more than three years from the accident date to file a claim. If you delay filing the claim, you risk missing this deadline, meaning you’ll lose the opportunity to seek compensation for your injuries. Moreover, acting as soon as possible is best to avoid losing crucial evidence to support your case.

Overlooking Liable Parties

In product liability claims, you may find that more than one party is responsible for your injuries and damages. Avoid relying on only one defendant when there could be more than just one. For instance, in a case involving a defective vehicle product that caused your injuries, the distributor and even the mechanic who installed it could also be liable if they knew or should have known the product was defective. Overlooking liable parties could reduce the compensation available to cover your medical bills and other expenses. Work with your attorney to identify all liable parties and all the insurance resources available to compensate you.

Underestimating Your Own Liability

It is possible that you also bear some liability for your injuries. Although being partially liable doesn’t bar you from filing a legal claim, remember that the defendant and their insurance company will try as much as possible to prove that you are entirely at fault. Therefore, you must be honest with your attorney about your actions that could indicate liability. This way, the attorney may be able to mitigate the defendant’s claims.

Forgetting To Keep Evidence

For a successful product liability claim, you need to prove that the product was inherently defective, that the manufacturer or distributor knew of the defect or had reason to know about the defect but failed to warn consumers, and that you were injured because of the defect which resulted in incurring specific expenses and other losses as a result of the injury. You need to prove the four things, which rely greatly on preserving evidence related to your claim. This includes the defective product, purchase receipt, photos of any visible injuries, medical records, or paperwork demonstrating the time missed from work because of the injury.

Filing the Claim Without Legal Help

Product liability claims can be complex. The defendant or their insurance provider may have a legal team to disprove your claims. You also need an attorney who can guide you on your legal options, advise you on the value of your case based on your injuries and losses, negotiate for a fair settlement, and represent you in court, if necessary.

Contact Attorney Gus Anastopoulo for Assistance

For expert guidance in navigating your claim, contact our Charleston defective product lawyer at Gus Anastopoulo Law Firm today for legal guidance.

Source:

law.cornell.edu/wex/statute_of_limitations