If you buy a product and it causes an injury, you can hold the manufacturer or seller financially responsible. In this instance, you can file a product liability lawsuit against any at-fault parties. Once you do, you may secure tens of thousands of dollars in damages.
Ricci Law Firm Injury Lawyers is a top choice for those in need of a product liability attorney in North Carolina. For those looking at product liability attorneys, check us out. Our product liability lawyer can review your case and help you pursue the most damages possible.
How Product Liability Works in North Carolina
Product liability is complex. You cannot sue a manufacturer or seller if you buy a product but are not satisfied with it. Conversely, you can sue if a product you buy harms you.
To file a successful product liability claim, you must be able to prove that:
- You purchased a product that was ultimately defective.
- You suffered an injury as a result of a product defect.
- You deserve to receive compensation due to your injury.
You can search far and wide for product liability attorneys. As you look at what product liability lawyers offer, it pays to partner with a lawyer with many years of relevant experience. This attorney will do everything in their power to help you win or settle your product liability case as quickly as possible.
How a Product Liability Case Is Different from Other Personal Injury Lawsuits
Even though product liability falls under the personal injury umbrella, there are several things that distinguish this type of case from all others. For instance, in a traditional personal injury lawsuit, you are responsible for showing one or more at-fault parties were negligent or intentionally harmed you. Comparatively, in a product liability lawsuit, you do not necessarily have to prove either of these things.
A North Carolina product liability lawyer approaches each case with an open mind. The lawyer will consider if any of the following types of product defects were present and caused your injury:
- Design: A product was designed in such a way that anyone that uses it faces the risk of injury or death.
- Manufacturing: Problems can occur during the product manufacturing process that cause a defective and potentially dangerous item to reach consumers.
- Breach of Warranty: A manufacturer or seller may violate an implied or express warranty by offering a defective product that inadvertently endangers consumers.
A North Carolina product liability attorney looks carefully at all aspects of the defective item that caused your injury. By taking a thorough approach, the lawyer can help you craft an effective argument. Most importantly, the attorney will make sure you are equipped to secure the maximum amount of damages.
What to Do If You Are Injured Due to a Defective Product in North Carolina
A defective product injury can occur at any time. If you get injured due to a defective product, here is how to respond:
Get Medical Help
Call 911 and get immediate medical care. A doctor can diagnose and treat your defective product injury. Plus, you can take appropriate measures to minimize your injury’s long-term impact.
When you receive medical care, document all of the treatments you receive and the costs associated with them. This information can serve as evidence if you move forward with a product liability lawsuit. It highlights the severity of your injury, the costs to treat it, and other relevant details that can help you secure damages from any at-fault parties.
Continue to get medical care for your injury for as long as you need it. Meet with doctors and other care providers that can help you recover from your injury. As you do, track all of your medical treatments and the related costs, as you can share this information during your product liability trial.
Preserve the Defective Product
If possible, keep the defective product that caused your injury. This can be used as evidence in your product liability case. You should also keep the receipt that verifies you purchased the product and any product packaging or instructions.
When you preserve a defective product, keep it in a safe spot. You should make sure your defective product and any related materials will not be touched by anyone else. Otherwise, the integrity of these materials can be compromised before you present the defective product and related materials in your product liability trial.
If you hire a product liability attorney, this legal professional can help you take care of a defective product. You can show your attorney the product and explain how it caused your injury. Then, your lawyer can determine the best course of action to present this product and any related materials as evidence to a judge or jury.
Document As Much As You Can
Write down everything that happened that led to your defective product injury. You should do this as soon as you can after your injury occurs. This ensures you have all of the details about your injury fresh in your mind and can document them accurately.
Gather your medical records as well. You should track any medical treatments you receive and any that are planned in the foreseeable future. This can be used as evidence to show a judge or jury your injury’s impact on your daily life and your budget.
Your attorney can help you collect medical records and other evidence leading up to your product liability trial. As your lawyer evaluates your evidence, this legal professional can figure out how it can be presented to a judge or jury. This will help your attorney deliver a compelling argument on your behalf.
Do Not Post Updates on Social Media
Resist the urge to publish photos or information about your product liability injury on social media. Remember, if you pursue damages in a product liability case, the defendant will look for every opportunity to argue against you. If you publish details about your injury on social media, the defendant may be able to use your social media posts against you.
Avoid publishing information about your overall health and well-being on social media as well. The defendant in your case may browse your social media and look for any signs that you are “faking” your injury. If you publish information indicating such, you could compromise your ability to get damages.
Your attorney can offer tips on how to manage your social media for as long as your case lasts. This legal professional will be honest and upfront with you about what to post on social media. If you follow your lawyer’s advice, you can position yourself for legal success.
Select an Experienced Product Liability Attorney
Look for a product liability lawyer that possesses many years of experience. The best attorney in a product liability case will:
- Take the time necessary to understand their clients’ legal needs
- Work closely with their clients throughout their litigation
- Go above and beyond to fulfill their clients’ legal requests
It can be beneficial to review a product liability lawyer’s case results to date. The ideal attorney has a proven track record in product liability lawsuits. This lawyer uses their knowledge of the legal system to make sure their clients can achieve great results.
Parties You Can Sue in a North Carolina Product Liability Lawsuit
A product liability lawsuit can involve one or more at-fault parties. To date, defendants in product liability lawsuits have included:
- Drug manufacturers that do not provide consumers with warnings about the dangers associated with their products
- Automakers that unintentionally sell cars that have airbags, ignition switches, or other components that do not work properly
- Medical device manufacturers that design products that can harm consumers
A product liability attorney in North Carolina wants anyone responsible for your injury to be punished. The lawyer considers the financial impact of your injury thus far, along with how your ailment will affect you moving forward. This allows the attorney to provide you with a recommendation on a reasonable amount to pursue in damages.
What a Product Liability Lawsuit in North Carolina Is Worth
There is no set amount that every product liability lawsuit is worth. Rather, your attorney will need to review your case and calculate your damages. From here, you can get a good idea about how much to pursue in court.
Your ability to get the maximum amount of damages depends on the strength of your argument. If you want a judge or jury to rule in your favor, you must present evidence and testimony that shows a defendant:
- Knowingly produced or sold a product that was dangerous
- Offered a product that caused you to suffer an injury that otherwise could have been avoided
- Caused you to suffer an injury that has already affected your day-to-day life and may impact you long into the future
Your lawyer will leave no stone unturned in their efforts to help you secure the most damages you can. Over the course of your litigation, your attorney will help you build an argument that illustrates the impact of the defendant’s actions on your life. If your attorney is successful, a judge or jury is unlikely to have any qualms about ruling in your favor.
How Much You Can Request in Damages in a Product Liability Case in North Carolina
North Carolina has no caps in place on economic and non-economic damages you can request in a product liability lawsuit. You may request these types of damages for a variety of reasons, including:
- Wages you cannot earn since you cannot work as a result of your injury
- Medical expenses you incur due to your injury
- Pain and suffering caused by a defective product
- Costs of long-term care or physical therapy you need due to your injury
Along with economic and non-economic damages, a court may award you punitive damages. You may receive these damages if the court wants to deter an at-fault party from future acts of negligence. In North Carolina, punitive damages are capped at $250,000 or three times the amount of economic and non-economic damages awarded, whichever amount is greater.
A product liability lawyer in North Carolina can get you up to speed on the different types of damages and how they work. Before you file your lawsuit, your attorney will discuss damages in detail. Your lawyer will encourage you to ask for a suitable amount of damages to account for the immediate and long-term harm you suffered due to a defective product.
How Much Time Is Available to File a Product Liability Lawsuit in North Carolina
You have a maximum of three years from the date you suffer your product defect injury to sue any at-fault parties. If you wait too long, you lose the right to ask for damages. Thus, it is in your best interest to take legal action immediately after your injury occurs.
If you want to file a product liability lawsuit, here is what you need to do:
- Hire a product liability lawyer that can guide you through the legal process
- Gather evidence to support your request for damages
- Seek witnesses that can testify on your behalf
- Keep in contact with your lawyer for the duration of your litigation
Your lawyer is your legal representative during your litigation and does whatever it takes to win or settle your case. If you have concerns or questions about filing a product liability lawsuit, reach out to an attorney. You can then get the information you can use to determine if now is the right time to move forward with your case.
How Long It Takes to Resolve a North Carolina Product Liability Lawsuit
Do not expect to file a product liability lawsuit and the case to be resolved in a matter of days. Most product liability lawsuits require months or years before they are resolved. In the time prior to a trial date, you and the defendant are expected to negotiate with one another.
A defendant may propose a settlement in the hopes of getting you to accept less damages than what you asked for in the first place. If you receive a settlement offer, you can:
- Accept the settlement and get a portion of damages
- Decline the settlement and move forward with a trial
- Counter the settlement and let the defendant decide on a proposal that aligns with your expectations
Your attorney will advise you to review a settlement offer but avoid rushing to judgment on it. If you find a settlement falls short of what you want, you should not hesitate to decline it. At this point, you and your attorney can continue to focus on what is most pressing: building the strongest argument possible to present in court.
How Your Attorney Prepares for Your Product Liability Trial
Your attorney will review a wide range of evidence leading up to your product liability trial, including:
- The defective product itself
- Photos of the defective product
- Medical documentation that highlights the severity of your injury
- Medical bills that show how much your medical treatments have cost to date and will cost moving forward
- Testimony from medical experts that illustrates the long-term impact of your injury on your everyday life
Your lawyer takes full advantage of the discovery period in your product liability case. Throughout this period, your lawyer works with you to gather and review evidence. Your lawyer also crafts a legal strategy designed to compel a judge or jury to rule in your favor.
How You Can Get Ready for Your Product Liability Trial
It is important to prepare as much as you can leading up to your trial date. Your lawyer will offer tips and guidance to make sure you are prepared for all that your trial entails. To help you get ready, your attorney will:
- Teach you about the steps involved in your trial
- Explain the key parties that will speak during your trial
- Discuss the potential outcomes for your trial
You should ask your attorney questions about the trial process. This allows you to get insights into what can happen during your trial. In addition, you can establish realistic expectations for your trial.
Why You Need to Hire a Product Liability Lawyer in North Carolina
There is a lot to like about hiring a product liability attorney. Key reasons to choose a product liability attorney to argue on your behalf include:
- You can quickly and easily identify any at-fault parties in your case.
- You can avoid costly and time-intensive mistakes as you navigate the legal process.
- You can get help as you gather evidence to support your request for damages.
- You can hold any at-fault parties responsible for your injury.
The bottom line: a product liability attorney can be a difference-maker for you. Look for a product liability attorney who is committed to helping you in any way they can. With this attorney at your side, you can present a strong argument in court that leads a judge or jury to award you the full damages you request.
Choose a Product Liability Attorney from Ricci Law Firm Injury Lawyer
Ricci Law Firm Injury Lawyers takes the guesswork out of finding a best-in-class product liability attorney. We can put you in contact with a product liability lawyer right away. To get started, please reach out to us today.