A dangerous or defective product lawsuit can involve complex issues and multiple parties, including manufacturers. Two recent Pennsylvania cases potentially limit the insurance coverage available to manufacturers for damages from defectively designed products, making it harder for injury victims to get compensated by manufacturers. You can still help your case by taking these simple but important steps:
1. Get promptly diagnosed and treated by a doctor.
A timely and thorough medical diagnosis of your injury will give credibility to your claim that the accident was the legal cause of the injury.
2. Take pictures and record events, early and often.
Memories can change or fade. If you require surgery, take “before and after” photos. Take date-stamped photographs to document the severity of injury, and the duration and quality of the healing process. It is best if the photographer can give a statement or testify to the pictures’ authenticity. This can be helpful to both a claims adjuster and a jury.
3. Preserve the product.
In Pennsylvania, it is critical that you preserve the defective product. Try to preserve the product in the same condition it was when you were injured. Keep all manuals, packaging, written instructions, warnings, labels and the original receipt that came with the item. If you cannot find the original receipt, get proof of purchase from your credit card company or bank.
4. Keep clear records of missed work and expenses.
Support your claims with evidence. You may be compensated for prescriptions and other medical expenses only if you document them. The burden of proving your loss is on you, the victim.
5. Call a reputable personal injury attorney to evaluate your claim.
Be very wary of early settlement offers from insurers. The insurance company wants to pay as little as possible, and is simply not interested in the justice of your claim.
Selecting a well-informed products liability lawyer may be crucial to the outcome of your case. Call Rosenn Jenkins and Greenwald LLP today.