What To Do If I Have Suffered An Injury Due To A Recalled Product
From tomatoes and pet food to children’s toys and automobile parts, consumer products are constantly being recalled after they have been manufactured and sold to millions.
Sometimes a product is recalled before it can injure the masses. Other times, a product recall is too late and many consumers suffer injuries before learning that a product is dangerous.
Fortunately, if you are injured by a defective medical device or dangerous pharmaceutical, you can file a product recall claim to collect compensation for your injuries. A product liability suit also holds negligent manufacturers responsible for creating, distributing and selling a faulty product that puts consumer lives in danger.
How Defects Arise
Most injuries from defective products are a result of manufacturer negligence. A greedy company may be so eager to get their product approved by the Food and Drug Administration (FDA) that they cut corners by filing unfinished reports, skipping essential steps and writing incomplete product warnings.
A product recall can also arise from budget cuts. If funding for research and development has been cut, this may limit the tests necessary for determining whether a product is safe and effective. Design defects can also occur during the drug’s planning process, which may not be uncovered until the drug has been widely distributed.
Product Recall Compensation
If you or a loved one is injured by a defective product, you may be able to claim compensation for:
- The cost of treatment, including past and future medical care
- Lost wages and the inability to earn future income
- Emotional distress
- Pain and suffering
- Punitive damages to deter future negligent behavior
Consumer Responsibility
Fighting back against unsafe products is a consumer’s responsibility. If you are hurt by a defective device or drug, you have the power to help prevent the same injuries from happening to someone else.
No matter how small it seems, every product liability lawsuit takes power away from a profit-driven manufacturing company who believes creating defective products is acceptable. Conversely, each victim who remains silent is forfeiting the chance to stand up for their rights and to gain valuable compensation for injuries suffered.
Winning Your Case
If you have been hurt by a recalled product, you may be able to collect money from the manufacturer or retailer if you are able to prove there was indeed a defect. Maybe the appropriate safety warnings were not included or there was a flaw in the product’s design. Keep in mind that product liability cases are complex and often involve expert testimony.
The Importance of Legal Representation
Manufacturing companies also retain their own legal advisors, so you should speak to an experienced product liability attorney regarding your product recall suit. Most states require you to file a claim within two years of your product-related injury. If you are one of many victims injured by a product, you may file a class-action suit against the manufacturer. In this case, one attorney can represent an entire group of plaintiffs, and the damages are divided among the group.
If your injury occurred in the workplace, your claim may need to be coordinated with a worker’s compensation suit. Regardless of your situation, if you were injured by a product, you should speak to a lawyer as soon as possible.
Article Source : The Cochran Firm – What To Do If I Have Suffered An Injury Due To A Recalled Product : ArticleBase
Erich Shrefler
If you are the victim of a product recall, please visit the website for The Cochran Firm, serving clients nationwide.
Posted on February 13th, 2010 | By: admin | Filed under Pharmaceutical Lawsuits, Plaintiff Lawsuit Funding