Florida has consumer protection laws that help you hold the manufacturers of defective products liable for the injuries you suffer. The severity of a defective product injury depends heavily on the type of product and how it fails. A broken, ineffective, or poorly labeled product can cause bruises, lacerations, burns, broken bones, or serious injuries.
At the Law Firm of Anidjar & Levine, our Pembroke Pines personal injury lawyers can help you collect compensation to cover your medical bills and other expenses related to your injuries. We will hold the product designer, manufacturer, or distributor accountable for the injuries you suffered. Call us today to speak to a defective products lawyer in Pembroke Pines about your injuries.
What is a Defective Product?
Product defects occur in a number of ways. Most commonly, defective products:
- Have an issue with the design that makes them unsafe;
- Suffer from manufacturing defects, leading to failure or breakage; or
- Have problems with the directions, packaging, or missing warnings.
A product defect can happen at any point during the manufacturing process and can affect almost any product. Some defects can lead to much more devastating effects than others, which is why you often hear of defective car parts, toys, baby items, medications, appliances, and tools. A vehicle tire that fails while you are driving down the interstate could cause a car accident, resulting in severe injuries.
When is a Manufacturer Responsible for My Injuries?
Florida has strict liability laws. These laws allow us to pursue a claim against a company without having to prove where negligence occurred during the manufacturing process. This makes it much easier for us to win a personal injury case on your behalf.
To hold the manufacturer liable, we have to show:
- The product was defective or lacked proper warnings;
- This issue caused your injuries; and
- You did not alter the product and you used it reasonably and according to the directions.
While strict liability does make this easier, it is far from simple. To build a strong case in your favor, we have to collect evidence, identify and interview others with similar experiences, and link your injuries to the product defect.
Product manufacturers are often large corporations with millions of dollars at their disposal and an entire legal team to fight this type of claim. They want to do everything possible to prevent having to admit there is a problem with their products. This creates a complex situation where we need to negotiate a settlement agreement with lawyers who do not want to pay for your injuries. We must use all our skills and resources to recover the compensation you deserve.
How much is My Claim Worth?
There is no way to know exactly how much your claim is worth until we reach a settlement or the court awards you compensation. We can, however, estimate a range for your losses to help us understand exactly what a fair settlement looks like in your case.
To do this, we will compile every bill, receipt, or other documentation available to prove the expenses and losses associated with your injuries. Then, we will talk to medical experts who can help us put a price on your future care costs. We will also talk to financial experts to help us understand the losses you may face if you cannot return to work because of your injuries.
With all this information, we can put an estimated value on your claim that includes the cost of:
- Treatment;
- Rehabilitation;
- Ongoing care;
- Lost wages through the current time;
- Future wage losses;
- Loss of benefits in addition to your wages;
- Other related expenses; and
- Pain and suffering and other emotional losses.
If we have to take your case to court, the judge may also award punitive damages. This occurs in cases where the manufacturer was particularly reckless or knew about the defect but continued to endanger consumers by selling the product.
Without an accurate estimate of your losses, it is impossible to know if a settlement offer meets your needs or not. For this reason, it is paramount that you discuss any settlement offer with our attorneys before you sign an agreement from the manufacturer or their lawyers. We frequently see victims of this type of negligence settle for much less than they deserve. Some even agree to settlements that do not cover their full range of medical needs in the future, so they end up paying out-of-pocket. Do not make this mistake. We can help you get the maximum payout available in your case.
How can a Lawyer Help?
You do not want to try to handle a case like this on your own. The manufacturer will likely have an entire team of corporate lawyers at their disposal. You need a knowledgeable attorney working your case and navigating the claims process for you. Our attorneys will protect you from unscrupulous corporations and the tactics insurance companies and their attorneys use to reduce the value of your case.
We know how to navigate the complicated state and federal regulations that outline product manufacturing and consumer safety that could affect your case. We will call on a wide range of resources and partners to help us include every possible expense, loss, or damage you suffered or are likely to face in the future. Using this information, we will work to win you maximum compensation.
After we collect all available evidence to support your claim, we can contact the insurance company to tell them what your case is worth through a demand letter. While we are unlikely to receive this full amount, this letter usually begins negotiations to reach a fair settlement offer.
Most companies want to avoid the publicity that results from taking this type of case to court. This works to our advantage, because they are more willing to offer a higher settlement amount to close the claim quickly. If we need to pursue a lawsuit in your case to get the payout you deserve, we can. However, this is not typically necessary.
Talk to an Attorney at the Law Firm of Anidjar & Levine About Your Claim—for Free.
The attorneys at the Law Firm of Anidjar & Levine can help you navigate the complexities of your claim. We will work to recover the compensation you deserve after an injury.
We offer complimentary consultations for South Florida injury victims. Call us to make an appointment with a defective products lawyer.