Medical bills and other costs can add up quickly after a serious injury. But if a defective product was to blame, you may be able to recover compensation for any damages you’ve incurred.
Unfortunately, there’s no simple formula for calculating the potential value of a personal injury claim. Every case is unique, and no product liability attorney who represents clients with integrity would ever promise to achieve a specific outcome. But if your case is successful, the following factors will very likely have an impact on your potential recovery:
- The cost of your medical bills;
- Whether you will need ongoing medical care;
- The value of any income you’ve lost;
- Whether your injuries will affect your future earning capacity;
- Whether you have suffered scarring or a permanent disability;
- The value of miscellaneous costs like child care and domestic help; and
- The value of any property that was damaged due to a defective product.
What Sets Charnas Law Firm Apart from Other Legal Practices?
The case law and statutes pertaining to product liability claims are complex, so you’ll want a seasoned attorney with the right experience by your side throughout the proceedings. Scott Charnas has been representing accident victims for more than 25 years. Unlike other defective product lawyers, Scott limits his scope of practice to personal injury and wrongful death cases, which means he has the knowledge and legal strategies to take on even the largest corporations and insurance companies.
Scott is passionate about helping his clients and their families fight for the compensation they need to move on with life. While achieving the best possible result is his top priority, he also strives to make the proceedings stress free by providing a direct line of contact and staying accessible—even if that means working after office hours.
Of course, just because a lawyer has experience resolving personal injury cases doesn’t mean they have a track record of success in product liability claims. Fortunately, Scott has achieved substantial financial recoveries in such cases, so you can rest assured that you will be well-represented through every stage of the proceedings.
Finally, Scott is a skilled trial lawyer with a reputation as a tough litigator. Insurance companies throughout New York and Massachusetts know that he’s not afraid to see a case through to the end—even if that means going to court.
What Will Happen During My Initial Consultation with a Product Liability Lawyer?
When you turn to Charnas Law Firm for guidance, you will be treated with the utmost compassion, professionalism, and respect from day one. Our first meeting is a chance for you to get answers to your questions and to learn about the strategies Scott may use to help you pursue the highest possible settlement.
To ensure your claim gets off to a strong start, take a moment to consider your answers to the following questions:
- Were you using the product as intended when the accident occurred?
- Did anyone else witness the incident?
- Did you seek medical care immediately following the accident? If not, how long was it before you visited a doctor?
- What is your prognosis?
- If you are employed, how much work have you missed since the accident?
- Since purchasing the defective product, have you received any correspondence regarding recalls and/or any pending class action lawsuits?
- Have you posted about the accident on social media?
- Have you met with any other defective products attorneys?
- Have you been tracking all the damages you have incurred?
How to Prove Fault in a Product Liability Case
In most personal injury cases, claimants must demonstrate how the defendant’s negligence was responsible for their damages. In cases involving consumer products defects, though, strict liability usually applies, which means proving negligence or intent is not a prerequisite to recovering damages in these claims.
To establish liability in a product defect case, you must present evidence to prove that the dangerous defect existed when you purchased the product. You’ll also have to demonstrate that you sustained injuries as a result of the defect despite using the product as intended or as a reasonable person would foreseeably use it.
You’ll also have to prove when the defect most likely occurred. This can be complicated and may involve the following evidence:
- The product itself;
- Records of product recalls and consumer complaints;
- Product blueprints and schematics; and
- Testimony from a product specialist.
There are many other kinds of evidence your attorney might use to prove fault in your product liability lawsuit, much of which may be time-sensitive. It’s important that your lawyer is able to perform an immediate investigation. At Charnas Law Firm, we can get to work right away to gather the evidence needed to strengthen your claim, and we won’t hesitate to apply legal pressure to obtain evidence that’s being withheld.
There are countless types of defects that can affect goods which are marketed as safe products. Whether you were harmed by a defective auto part, household appliance, or another consumer good, the personal injury lawyers at Charnas Law Firm can help you navigate every step of the claims process.