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When you are injured by a defective product, you may wish to file a lawsuit in civil court seeking financial compensation for medical expenses, emotional distress or physical harm. This kind of litigation is complicated and often difficult for laymen to understand. A Florida product liability lawyer can help people who have been injured or are being sued for their responsibility for an injury. If you are involved with this kind of legal process, here are some issues to consider.
Product liability defined
A product is not just something solid you can touch, such as a car or tool. In fact, Florida product liability lawyers can sue over improperly constructed houses, pets who have caused injuries or even improperly drawn maps. There are many people who can be found at fault for these defective products. FL product liability lawyers may file a complaint against:
• manufacturers of defective parts
• corporations who assembled a product from defective parts or assembled a defective product
• wholesale merchants who sell those defective products to retailers
• retailers who sell these products to people who get hurt.
Florida law operates under the standard of comparative negligence. This means that a FL product liability lawyer must prove that at least some of the blame is someone else’s fault. For example, 20% of the fault for an injury may rest with the injured person. This means you would only receive 80% of any settlement you would otherwise be granted. FL product liability lawyers must consider how much blame you may be assigned for any injury.
There are three different categories of product defects. Florida product liability lawyers may sue on the grounds of:
• Design defects. These problems that exist in any product even before they are manufactured or assembled. This means parts of the product or the whole product are conceptually flawed. Inadequate testing or a lack of attention during the design phase can lead to defective products.
• Manufacturing defects, which happen during the creation of the parts or during assembly.
• Marketing defects do not refer to the product itself. Instead, these include such things as advertising which misleads consumers about the product, flawed instructions or the failure to warn of any potential dangers involved in operating the product.
Filing a defective product lawsuit
To engage in civil litigation successfully, Florida product liability lawyers need to establish:
• Who is responsible for your injury
• The nature of the product defect
• If there is enough evidence to present a case
Civil courts allow people who have been injured to file a lawsuit for compensation. This can be an expensive, time-consuming process. Before contemplating a lawsuit, make sure you are within the statute of limitations. In most cases, in state of Florida you only have four years from the date of your injury to begin litigation. FL product liability lawyers must begin their work within this time period.
While you can represent yourself, your chances of getting what you want out of the court system are much higher if you have proper legal counsel. Before you engage the services of a FL product liability lawyer, think clearly about your goals. Do you want just a settlement or do you want to go to court? Most civil litigation is settled out-of-court. Florida product liability lawyers need to know what you are willing to settle for before they can begin crafting a legal strategy.
After injury
Your health should be your top priority if you are injured. Visit a physician and receive documentation of your injuries. A Florida product liability lawyer cannot file a lawsuit over any injuries that have not been recorded by a doctor. File a claim with your insurance company. This may cover your medical expenses. Florida product liability lawyers cannot guarantee that you will receive an additional settlement in court.
If you are well enough, as soon as you are injured you should begin assembling documentation. A Florida product liability lawyer will be able to make a stronger case if you provide them with:
• Photographs of the scene of the accident
• Medical records documenting your injuries
• Records of your medical expenses
• Documentation of lost wages, if any
• Names and contact information for any witnesses to your accident
Finding a FL product liability lawyer
While someone else’s responsibility for your injury may seem obvious, proving it in court requires you to follow often-complicated legal procedures. You can represent yourself with consulting a FL product liability lawyer. This is known as acting “pro se.” However, if you can afford to hire a Florida product liability lawyer you have a much better chance of a successful outcome.
The most reliable recommendations for attorneys who specialize in your kind of case can be obtained from friends and family. The Florida Bar or a local bar association may also be able to refer you to a FL product liability lawyer with experience in your kind of case. Before agreeing to meet with any attorneys, look up their disciplinary record online. You do not want to engage any FL product liability lawyers who have been censured or otherwise cited for violations of the law.
Preparing for your first meeting
Do not rush into hiring a Florida product liability lawyer to represent you. You may need to meet with several attorneys before you find a trustworthy specialist. Be prepared to ask all FL product liability lawyers what kind of experience they have with your case. Do not be afraid to ask if they have a client you can speak to who can attest to their skills.
It is important to know what your FL product liability lawyer will charge you. If there is a good chance you will receive a settlement, an attorney may agree to not charge you directly and instead work for a percentage of any compensation you receive. However, you may be liable for pre-trial expenses such as filing paperwork or hiring an expert witness. Make sure any Florida product liability lawyer you talk to provides you with a detailed written timeline of what to expect from your case and an estimate of what you can expect to pay.