Personal injury cases that arise from a defective product are known as product liability cases. These are among the most complicated cases that lawyers can represent. This is because product liability lawsuits require a lawyer to establish a complex chain of events that led to their client’s injuries.
A product liability personal injury case is a civil lawsuit that seeks compensation for injuries that result from a defective product. The compensation sought typically includes medical expenses incurred by the plaintiff, lost income, pain and suffering endured by the plaintiff, and any other expenses that the plaintiff incurred as a result of the injuries.
To establish liability for a product liability personal injury case, the plaintiff must prove that the product was:
- Defective
- Dangerous when used as intended
- Designed defectively
- Manufactured defectively
- Provided with insufficient instructions or warnings
Table of Contents
The Specific Role Of A Lawyer In A Product Liability Personal Injury Case
Product liability personal injury cases require a lawyer to establish the chain of events that led to the injuries and then prove that the product was ultimately responsible for those injuries.
Handling Client Interviews
The first step of a lawyer’s role in a product liability personal injury case is handling the client interview. During this initial interview, the lawyer will ask the client a series of questions about the product in question and the events that led up to the injury.
Conducting Investigations
After the initial interview, the lawyer will conduct a thorough investigation into the product and the events surrounding the injury. The investigation typically includes:
- Document Review: During this phase, the lawyer will review any available documentation about the product, including product manuals, warranties, and any other information provided to the client.
- Expert Review: The lawyer may also work with experts in relevant fields to determine whether the product was defective or improperly designed.
- Gathering Evidence: The lawyer will gather any evidence, such as photographs or video footage, that may be used to establish liability.
- Interviewing Witnesses: The lawyer will also conduct interviews with witnesses to the event to get a full understanding of what happened.
Building a Case
After completing the investigation, the lawyer will review all the evidence and build a case against the manufacturer of the product. This typically involves:
- Drafting a Complaint: The lawyer will draft a complaint that outlines the plaintiff’s allegations against the defendant.
- Filing the Complaint: The lawyer will file the complaint in court, initiating the lawsuit.
- Discovery Process: During the discovery process, both sides will exchange relevant information and evidence.
- Depositions: The lawyer will take depositions of witnesses or parties involved in the case.
- Pre-Trial Motions: The lawyer may also file pre-trial motions, such as a motion to dismiss, to try to resolve the case before trial.
Going to Trial or Settlement
If the case proceeds to trial, the lawyer will present evidence to support the plaintiff’s allegations and seek compensation on the plaintiff’s behalf. However, many product liability personal injury cases are settled before they go to trial, through a negotiation between the lawyers for each side.
Conclusion
The complexity of product liability personal injury cases makes them difficult for the average person to pursue without legal representation. A lawyer’s role in a product liability personal injury case involves conducting investigations, building a case, filing a lawsuit, and negotiating a settlement. These are all critical steps that must be executed carefully and accurately to give the plaintiff the best chance of success.