We use products every day and expect them to be safe. But sometimes, a product doesn’t work right and can cause harm. When this happens, you may be able to file a product liability claim. This means the maker or seller of the product can be held responsible for your injury. It can be hard to handle this on your own, but you don’t have to.
A Philadelphia medical malpractice attorney can help you understand your rights and guide you through each step. Learn how we can help you file a claim and get money for your injury. You deserve to feel safe using products — and we’re here to help if one lets you down.
Key Steps in Filing a Product Liability Claim
Eligibility for a Product Liability Claim
To file a product liability claim, you must show the product was defective. You must also prove the defect caused your injury. You need to have used the product as it was meant to be used, or in a reasonable way. People who can file a claim include customers, workers, or others hurt by the product. The injury must be real and caused by the product. If these things apply to your case, you may be able to move forward with a claim. A lawyer can help review your situation.
Types of Defects That Lead to Product Liability
There are three main types of product defects. A design defect means the product is unsafe even before it is made. A manufacturing defect means the product was made wrong, even though the design was safe. A marketing defect means the product did not include clear warnings, instructions, or labels. Any of these defects can make a product dangerous. You must figure out which type of defect caused your injury. This will help your lawyer build your case correctly.
Legal Requirements for Filing a Product Liability Claim
You must meet legal deadlines to file your claim. In Pennsylvania, the deadline is usually two years from the date of injury. This is called the statute of limitations. You also have the burden of proof. That means you must prove the product was defective and caused your injury. You may need expert help to show this. Photos, reports, and medical records are also helpful. Meeting these rules is very important. If you miss them, your case may be dismissed.
The Legal Process for Product Liability Claims and Potential Compensation
Filing a Product Liability Claim
The first step is to talk to a lawyer. A Philadelphia medical malpractice lawyer can check if your case is strong. The lawyer will help collect evidence like product records, photos, and medical reports. You may also need expert opinions. After this, your lawyer will file a complaint in court. This is a legal paper that explains what happened and what you are asking for. Filing the complaint starts the legal process and makes your claim official.
Negotiation, Settlement, and Litigation
Most product cases are settled without going to trial. Your lawyer will talk with the other side to try to reach a settlement. If no agreement is made, the case may go to trial. In court, both sides show their evidence. A judge or jury will decide who is responsible. Trials can take time but may lead to fair results. Whether through settlement or trial, the goal is to get fair payment for your injury and losses.
Potential Compensation for Product Liability Claims
If your case is successful, compensatory damages could include money for medical bills, lost wages and pain and suffering. In more serious instances, punitive damages – additional payments to punish negligent companies for their careless acts – may also be awarded. If someone was killed as a result of using this product, their family can file a wrongful death suit to cover funeral costs and any losses related to this loss; depending on what occurred and its severity.
Conclusion
Facing product liability issues can be distressing and difficult, yet you don’t have to navigate them alone – the right lawyer can provide support that helps. Philadelphia Injury Lawyers, P.C., knows how to handle product injury cases.
We are here to listen, explain your rights, and help you get money for your injury. Contact us to set up a free meeting with our medical malpractice attorney. It’s a simple first step to get support and move forward. You don’t have to face this by yourself — help is ready when you are.
