In a personal injury case involving defective product, you are required to establish that the defect caused the harm or damage. In order to make a claim and receive compensation from the responsible party for product liability, you need to prove that:
- The product was defective
- The product was not altered or changed when it reached you
- The defect changed how the product worked, making it hazardous to you
- The defect in the product caused the damage and harm
However, establishing product liability is extremely challenging when filing a claim against a manufacturer or any other entity. They generally have a team of attorneys trained to keep such liability from falling onto them. You will need solid evidence to prove the product liability to support your claim.
An experienced attorney can help you gather evidence for your case, which may include:
Healthcare Expenditure Bills
It is important that you keep bill receipts of medical tests, treatments, and medication you have paid for to determine your total medical expenses. Bills allow insurance providers or a judge to know how much the injuries cost you financially, and help them decide the value of your claim.
Your medical records are crucial in establishing that the defective product caused harm to you. They have details about how you were hurt, what injuries have caused temporary or permanent disability, and what treatments you have received or will need in the future. In other words, medical records tell about your injuries and help courts determine how much you should be compensated.
Blueprints and Schematics
Blueprints, schematics, or other technical and engineering documents can provide insights into the design or make of the product. If a product was flawed, these documents can help you determine how it deviated from the original design or manufacture, as well as the way it was supposed to work.
Videos and Photos
Videos and photos are a great piece of evidence that can be used to demonstrate the extent of your bodily and property damage in a way that is easily understandable for a judge or jury. When they see cuts, burns, bruises, broken bones, or other injuries, they get a clear picture of how the defective product has affected you.
You may need some documents to support your claim, based on the type of product liability case. For example, if the defect is related to a failure to warn or misrepresentation in advertising, you may need to present instruction manuals or copies of advertisements to prove your point.
They are experienced individuals who have intimate knowledge of a particular field, and can provide their opinion regarding the possibility of the incident. In product liability claims, expert witnesses can provide insights into technical documents, talk about how product works, and whether it is possible for it to harm someone in certain ways. Expert witnesses may include product engineers, medical experts, and others.
If anyone was present at the time of the incident, your attorney will take statements about what they saw happened to you. They may also testify that the injuries have affected your life. Witnesses may include your spouse, children, medical practitioner, co-workers, or friends.
Product liability cases are extremely challenging for a person to fight on their own. You should consider working with an experienced product liability attorney to provide guidance, help gather evidence, and present your case in the best possible light.
Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation.