7 Ways You Could Ruin Your Personal Injury Claim
Enter your information below to download our free legal guide.
People ask often when someone’s been injured by a defective product or a loved one’s been killed by a defective product who the liable party is. In a defective product situation, generally speaking, you can make your claim against the manufacturer of the product, the distributor of the product, or the retail distributor of the product. That’s the stream of commerce that your product goes through. There may be other responsible parties, as well. If your product has component parts that contributed to the defective nature of the product, you may be able to sue the maker of the component parts.These are complex cases and they require time to develop who the responsible parties may be. Generally speaking, your stream of commerce entities can be responsible and those are the ones that we look at first. If you have the kind of case where a defective product caused harm or death to a loved one in the Nassau County and Duval County area, give us a call. We’ll sit down and go over things. We’ll figure out a plan that’s going to help you best.
Clients, or potential clients, call us when they’ve either been injured by a defective product or their loved one has died as a result of a defective product. They want to know how much time they have to make a claim or to do something, which is just another way of asking what the statute of limitation period is. Generally speaking, it’s four years on an injury case. If the defective product has killed a loved one and you qualify under Florida’s wrongful death act to bring the claim, it’s two years. There are also statutes that are called statute of repose which provide an outside end of time period to bring the claim if the claim was covered up by the defendant and you had no idea that you had a claim to start with. Those statutes of repose have gone through different changes over the years but they’re still there.If you have that kind of case, call us if it’s occurred in Duval County, Nassau County, or surrounding area, and do it immediately so those issues of time limits don’t become critical. It’s important that you give your lawyer adequate time to investigate your case because these are not simple cases. They are complex cases and they take time. Do not wait until the end of that period to make the phone call. Call us today. We’ll go over everything and we’ll figure out a plan that suits you the best.
A manufacturing defect is a product that is okay but there was a defect at the plant when the part was made. In a defective design case where a product has harmed you, it’s the design itself that was bad. It was manufactured correctly according to the design of the manufacturer but the design was bad.For example, years and years and years ago, there was a car that was manufactured and the gas tank was in the wrong spot. Under minor rear-end collisions, it would rupture, explode, and the occupants would burn up. That was defective design. If you have one of those cases where you’ve been harmed by a defective product, whether it’s defective in design or just defective from the plant, call us up. We’ll make an appointment to sit down. We’ll go over all of that with you. We’ll come up with a plan that’s going to help you the best.
Many times clients come into our office having been injured by a product and they don’t have that product anymore. Can they still file? The frank answer is, yes, you can, but your case has lost an awful lot of value. Without the product, it is obviously impossible for anybody to review it, to inspect it, to determine the defective nature of it. Without that, you limit your ability to maintain the case, but technically, you can. It’s not one that we would handle, however.Having said that, if you have the case where you’ve been hurt by a product, call us and we will sit down with you. Part of our job is counseling people and we can talk to you about your case and advise you on its strengths and the weaknesses, especially when you don’t have your product. We can map out a plan— an appropriate plan. Give us a call and we’ll help you figure it out.
When we speak to clients who have been hurt by a defective product, they often ask if it is okay to call the manufacturer. Maybe they’ve already spoken or received a phone call and they want to know whether they should talk to them. Uniformly, without exception, the answer is no. Do not talk to the company that made the product, the insurance company that may be insuring their device, or anybody on their side of the table because they do not have your interest at heart. They have the interest of their client, their insured at heart, and they are gathering information from you to help their case with their insured. They will not help you and they will only harm you. Do not talk to them.In our initial conference, we will tell you that if you receive a phone call from the insurance company or the company that made the product, do not talk to them. Give them our contact information, and politely but firmly tell them to call your attorney. We will talk to them and that will establish the line of communication between us and them. If you have a case with a defective product in Nassau County, Duval County area, call us and we’ll sit down. We’ll talk about that and a whole host of other things. We’ll devise a plan that will be best for you and your case.
With defective product cases, what is clearly defective to you may not be clearly defective. It might be, it might not be. You are in an area that is not your expertise. You are on other people’s turf and you don’t know what you don’t know. There may be more than one defendant available. We’re talking just right at this point about liability, about whether a manufacturer or any of the intermediary defendants have responsibility, whether they did anything wrong. We’re not talking about your damages at all. An evaluation of damages in a defective products case is a complex analysis. It’s an analysis that doesn’t happen at the front end of a case. These are things where considerations go into play to value your case.Those are just some of the reasons why you need a lawyer, and an experienced lawyer, to navigate you through areas that you have no idea exist probably, and if you do know they exist, you don’t have the experience to do it yourself. I would never recommend that someone handle a defective products case by themselves without a lawyer. Get an experienced lawyer, someone like me who’s been in practice 38 years. If you have a case like that in Nassau County, Duval County, or any of the surrounding areas, call me. We’ll sit down. Consultation is free. If you still think you don’t need a lawyer, my suggestion is that you do and I can help you. We’ll map out a plan that suit you the best. Thanks.
We are often asked how someone should go about selecting a lawyer, particularly a lawyer in the defective product area where someone’s been injured by a defective. We always tell them to get a lawyer with experience. Get a lawyer who has handled defective products before. Also look for a lawyer who has been to trial and knows the risks and benefits associated with trying your case, a lawyer who’s not fresh out of school.These are not simple cases. These are complex cases and they require the services of a lawyer who’s done it before. We have been in practice 38 years and have handled many defective product cases. We know what’s involved and can sit down with you if you’ve been harmed or a loved one has died as a result of a defective product in the Duval County, Nassau County area. Give us a call so we can devise a plan that’s going to suit your case the best.