Defective products frequently lead to personal injury claims when they malfunction in ways that cause harm to their users. While many believe that injuries from products are almost always caused by user error (using the product incorrectly or inappropriately), the reality is that most people do use their products correctly and as intended. In many cases, the instructions for use are followed to the T, and yet injuries still occur because the product is defective.
When this happens, you may have product liability personal injury claim against the designer, the manufacturer, or the distributor of that product. It all depends on what went wrong and why. If there was a design flaw, then every product that was manufactured with that design is likely to be defective. If it is a manufacturing flaw, then it may just be the products which were manufactured in a given ‘batch’ or group. In some cases, the distributor of the product is liable for injuries because they failed to adequately warn of potential risks or marketed the product to be used in a manner in which it was not intended to be used.
If you or a loved one has been injured by a defective product, then there are steps that you can take to establish whether or not you have a valid personal injury claim and what you should do to pursue compensation for your injuries and damages.
Start By Contacting a Personal Injury Attorney with Experience in Product Liability Claims
After seeking medical treatment for your injuries, you’ll want to contact a Missouri personal injury attorney with
experience in handling product liability claims. Contact the Krause & Kinsman Law Firm for a free consultation. Many people make the mistake of trying to pursue a claim without legal representation, and this leads to errors in the investigation of the claim, and an increased likelihood of getting a very small settlement or no settlement at all.
Simply filing the claim can be a complex process with various important procedures and steps that you might not even be aware of, much less be an expert in. It is worthwhile to seek a free consultation to learn about your rights, your options, and the steps ahead of you, if you wish to prove liability and recover fair compensation for your injuries.
Provide Your Attorney With All Information Relevant to Your Personal Injury Claim
Another common mistake among the victims of defective product injuries is the failure to provide their attorney with all of the relevant information. Your attorney cannot build a strong and solid case on your behalf if he or she does not have all of the information. It is important to inform your attorney of who purchased the product, who was using the product, what purpose the product was being used for, and how the injury occurred.
Keep in mind that no detail is too small or unimportant to mention to your attorney. You don’t want any surprises to arise during the course of pursuing your claim that your attorney won’t already know about and be prepared for. If you think of any details that you haven’t mentioned, at any time during the pursuit of your personal injury claim, be sure to bring them up.
Find Out If There Is a Class Action Lawsuit Related To Your Personal Injury Claim
When you bring your case to a Missouri personal injury attorney, one of the things you’ll want to discuss is whether or not there are any class action lawsuits that you might be able to join with. This is common in cases where a design flaw causes all of the manufactured products that are based on that design to be defective. In such cases, you’ll want to make sure that your attorney is well informed about the class action lawsuit and is prepared to represent you. Further, you’ll want to discuss whether it is actually in your best interests to take part in the class action lawsuit, or if your case would be better addressed through an individual product liability personal injury claim. Not all cases are the same, and yours may be best handled in a different way than someone else’s, even if the same defective product was involved.
Be Aware that Results Are Never Guaranteed in Any Personal Injury Claim
No Missouri personal injury attorney can guarantee that you will be successful in your product liability lawsuit. However, when you seek a free consultation with the Krause & Kinsman Law Firm, we can certainly give you a very good idea of whether or not your case is solid and likely to be successful. The more information you can provide, the better able we will be to determine your likelihood of successfully recovering compensation for your damages. It is also important to be aware that when you file a product liability claim, you are going up against a company; and that company will have its own team of lawyers to defend them. You need to work with a skilled and confident lawyer who knows how to handle the challenges of such claims.
Discuss Payment Options and Fees Before Hiring a Personal Injury Attorney
Not all personal injury attorneys in Missouri handle fees and payment options in the same way, but many will work on a contingency fee basis. This means that whether or not we get paid is contingent on whether or not we successfully recover compensation for you. This is a good thing for you because it means that there’s no risk associated with pursuing your claim. Further, the attorney is not likely to take your case if they don’t think they can win, because to take your case and lose would not benefit the attorney in any way. In such cases, the lawyer will arrange a payment agreement with you beforehand, in which you will agree to a percentage of payment that will come from your compensation, contingent upon the success of your claim.
Contact the Krause & Kinsman Law Firm Today
The sooner you contact the Missouri personal injury attorneys at the Krause & Kinsman Law Firm, the sooner you can get your questions answered and get started on pursuing your product liability claim. We’re here to guide you every step of the way, so give us a call today.
Robert Kinsman is a personal injury, mass tort, business litigation, and employment discrimination attorney who practices in Kansas City, Missouri. He graduated from the University of Missouri Kansas City School of Law and has been practicing law for several years now. Robert Kinsman is passionate about normalizing the life of his clients after they have been seriously injured. Learn more about his experience here.