Monday, September 19, 2022

Will Personal Injury Attorney In Springfield MA Prove Liability In Defective Product Claims

The first step in proving a defective product liability claim is identifying the defect. A product has a defect if it was not reasonably safe for its intended use. There are three main types of defects:

•    A manufacturing defect occurs when the product does not conform to the manufacturer’s specifications during production. This may include using substandard materials or failing to follow proper procedures during assembly.
•    A design defect occurs when there is an inherent flaw in the design of the product itself that makes it unsafe for its intended use. For example, if a manufacturer designed a car with faulty brakes that would fail at 50 mph, there would likely be a design defect in the car’s braking system because it was inherently unsafe regardless of how it was manufactured or marketed by the manufacturer or distributor.
•    A Personal Injury Attorney in Springfield MA knows that marketing defect occurs when there is no defect with the actual product itself but rather with how it was marketed or sold by its distributor or manufacturer such that consumers were misled into purchasing.
In order to prove that a defect caused your injuries, you must provide evidence that:
•    The products were defective at the time of sale
•    The seller knew about these defects
•    The seller failed to warn customers about these defects

When filing a claim against a manufacturer, distributor or retailer of a defective product, it is important to have an experienced Personal Injury Attorney in Springfield MA on your side who can help you prove that the product was indeed defective and that the defect caused your injuries.

It’s important to document all of the times you see the doctor, go to get labwork done, results from the doctor, and rehab appointments. These can be used as admissible evidence either in or out of court.  You must tell the treating doctor about any previous injuries and illnesses. Personal Injury Attorney in Springfield MA will ask you to disclose if your accident made your pre-existing conditions worse. Insist that your doctor document that information in your medical records. Once again, it can help you get a bigger settlement.

The insurance adjusters try to indiscreetly snoop on you so that they can get lots of information that they’ll use against you as evidence to justify paying you as little money as possible. Insurance adjusters have even been known to stoop so low as to use that evidence to force you to admit guilt. That person is interested in saving as much money as possible for the employer - that often means paying you little or no settlement money. You must stay at the accident scene until the police or a law enforcement officer arrives. Most states require it. Failure to do so can result in legal sanctions, including having your driver’s license suspended for up to a year. For more information visit here: Raipher, P.C.

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