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If you or a loved one suffered an injury due to a defective product, you are not alone. The Consumer Products Safety Commission estimated in 2012 that injuries stemming from defective products result in tens of millions of people seeking medical attention every year. Product liability is a serious problem, and if you suffered an injury due to a defective product, you may be able to recover compensation. Speaking with an experienced personal injury attorney may help you shed light on who is at fault for your injuries. Read on to learn more about how a compassionate Oak Lawn defective products lawyer can offer you their assistance today.
Oak Lawn uses strict liability when dealing with defective products claims. This means that someone injured by a defective product does not have to prove that the company who manufactured the product was negligent. Rather, to receive compensation all they must prove is that the product in question is riskier than a reasonable individual would suspect. In other words, they must show the product puts a user at risk when they use it as any reasonable individual would.
To be defective, the product can have several different qualities. First, it can have a serious design flaw. It can also be sold without the proper safety features to keep the use of the product from becoming a serious risk. A defective product can fall under a wide umbrella of purchased goods, including the following:
Alternatively, the product may be defective if it is sold without proper warning or caution labels detailing the risks involved in the product’s use. This is especially true for prescription drugs, but all product manufacturers must market their wares in a responsible manner, which includes detailing possible significant risks to the consumer. A skilled Oak Lawn defective products lawyer can work to represent an injured individual’s best interests in court after experiencing harm.
If one is preparing a defective product claim, there are several necessary steps to take. The individual should secure the product in a safe place as evidence and should not return it to the product manufacturer. It is also important to find the receipt from purchasing the product and to try to preserve all available information on the product. This includes the product labels, the box, and the instruction manual. Additionally, someone involved in a defective product claim should take pictures of the product as well as the scene of the accident in which the individual received an injury. A dedicated Oak Lawn defective products lawyer can use this information to advocate on behalf of the plaintiff in court.
To recover compensation for damages, the injured claimant’s attorney must prove that the dangerous nature of the product caused their losses. In many cases, this requires them to demonstrate that a defective design created unnecessary danger or that the maker did not provide proper warnings about dangers connected to the product.
It could be difficult to prove how a product is defective without help. It may be necessary to work with an expert witness who can explain what that design was dangerous. That expert could also provide alternative designs that would still fulfill the product’s intended use but without endangering consumers. A knowledgeable Oak Lawn defective products attorney could help to evaluate the nature of a claim and to work with experts who may be able to prove manufacturer fault.
The purpose of every personal injury claim is to collect the compensation needed to set things right. Defective product claims are no exception. The injured claimants attorney must evaluate how the incident has affected their lives and take steps to demand proper compensation from the product’s maker.
The most obvious impact is the need for medical care to treat physical injuries. Liable defendants must provide funds to care for all past and future medical treatment. In addition, people should evaluate how the incident has affected other parts of their lives. This includes emotional traumas, loss of enjoyment of life, and lost income due to temporary or permanent disability. An experienced Oak Lawn defective products attorney could help to place a true value on a claim for damages following the use of a faulty good.
735 Illinois Compiled Statutes 5/13-202 is the State’s law concerning the statute of limitations for civil claims. The statute of limitations is the deadline to file a claim. If this time limit expires, the injured claimant may be ineligible to recover compensation for their damages.
The time limit on defective product cases is two years following the date of injury. This means that if a plaintiff has not yet filed a complaint in court, they will be unable to collect the compensation needed to set things right. An Oak Lawn defective products attorney could help to satisfy this strict time limit on seeking compensation.
If you or a loved one sustained an injury due to a defective product in Oak Lawn, contact a local lawyer today. In Oak Lawn, someone can bring a product liability claim against the manufacturer of a defective product within two years of the accident and within ten years of your initial purchase of the product. This is true unless your injury occurs after you have owned the product for eight years, in which case the claim must begin within two years of the injury. In either case, it is important to speak with an Oak Lawn defective products lawyer as soon as possible so they can assist you in compiling the proper evidence for the best chance at a successful claim.