Ylla Gosney’s team of Oklahoma City personal injury lawyers have extensive experience in working with clients that have been injured by defective products. We believe that every manufacturer has a responsibility to make their products safe to use. If you or someone you know has been injured by a defective product in Oklahoma City, contact us today for a free consultation.
Do You Need a Lawyer After Being Injured by a Defective Product?Like any other injury claim, you don’t actually need a lawyer to represent you, especially if your injuries are somewhat minor. However, if your injuries are more serious or you have more extensive damage, you’re going to need to go through the legal process to make a recovery. At that point, our team at Ylla Gosney will be there to support you.
- Looking into the accident – We’ll dig deep to find out what caused the accident. When there’s a defective product, we’ll make sure to get an understanding of how the product is supposed to work and what went wrong.
- Collecting evidence – We’ll make sure to gather everything we need to support your case. This includes pictures, medical records, and what witnesses saw. We’ll also go after any other proof that could be important, like videos or reports about the accident.
- Talking to people who saw it happen and experts – We can leverage our experience and knowledge when speaking to witnesses who saw the accident and experts who understand the inner workings of the product. This might include doctors, engineers, or people who can recreate how the accident happened.
- Dealing with the insurance company and lawyers – We’ll handle all the talks with the insurance company and the lawyers working for the product manufacturer or anyone else involved in the accident. This way, you can focus on getting better without stressing about dealing with them.
- Getting the right outcome for you – Most importantly, we’ll work hard to get you a fair settlement. This means covering all your costs from the accident and its resulting injuries. We won’t settle for less than what’s right, and we’ll stand up for your rights the whole way.
Who is Liable For a Defective Product?Although a defective product might seem straightforward, there’s actually a number of different components to understand when trying to figure out who is liable. Obviously, the product manufacturer is going to take most of the blame, but there are also other people and parties involved that could be considered liable for your injuries and damages. The starting point in liability is negligence, which has four elements:
- A legal duty owed by the company or manufacturer to the injured person not to cause an accident due to a defective product.
- Breach of that duty by the company or manufacturer.
- Injury suffered by you or someone else due to the product defect.
- Showing “proximate cause,” establishing a causal link between the company, manufacturer, or seller breaching its duty and the defective product causing the injury.
Damages in a Defective Product Injury ClaimEssentially, the available damages in an Oklahoma City defective product claim refers to your injuries and other losses. To that end, the extent of your injuries plays a significant role in determining the damages, but each case is unique. What you might receive is based on the impact the accident had on you, considering factors like medical expenses and the emotional toll. Our team will assist you in this process. Generally, though, the following damages are available in a typical defective product claim:
- Lost wages – this covers any income you couldn’t earn due to the accident.
- Medical bills – Obviously, the costs of your medical treatment and bills can be recovered in a claim.
- Rehabilitation and physical therapy – These damages cover any expenses related to therapy and rehabilitation for recovery.
- Loss of future income – If the accident affects your ability to work in the future, you may receive financial considerations for potential lost earnings.
- Pain and suffering – These damages are meant to address both physical and emotional pain endured from the accident.
- Costs related to disfigurement or permanent injury – These damages are related to any lasting changes to your appearance or abilities caused by the defective product.
- Loss of quality of life – If the accident significantly reduces your quality of life, you can recover damages for this loss.
- Loss of companionship – These damages cover the emotional and personal impact of a significant relationship being affected or ending due to the accident. It includes the loss of companionship, love, support, and the ability to spend time together with a loved one.