You can file a lawsuit based on an injury you incur due to a faulty product. In this scenario, there may be one or more at-fault parties. You can seek damages from any party that may have contributed to your injury.
The Shelly Leeke Law Firm can teach you everything you want to know about product liability law. Connect with our Beaufort personal injury lawyer today. Once you do, you can find out if you are eligible to pursue damages in a product liability lawsuit.
A Look at the Basis for a Beaufort Product Liability Claim
In a product liability case, a plaintiff is responsible for showing any of the following elements:
1. Negligence
Anyone involved in the development, distribution, and sale of a product is responsible for providing a consumer with an item that is safe. All of these parties have a “duty of care” to provide the consumer with a safe product. If a party violates this duty of care, they are considered negligent.
To prove negligence in a product liability lawsuit, you must:
- Show that an at-fault party owed you a duty of care
- Verify that this party violated the duty of care
- Prove that this violation led to your injury
A product liability attorney in Beaufort can teach you the ins and outs of duty of care and negligence relative to your lawsuit. To validate your negligence claim, your attorney will help you gather pertinent evidence. Also, your attorney will seek out witnesses that can testify against an at-fault party.
2. Breach of Warranty
Every consumer product has certain warranties. These warranties guarantee that a manufacturer, reseller, or another party stands behind their product. If a party violates this warranty, it can be held responsible for any harm it causes.
There are two types of warranties relative to consumer products: implied and express. An implied warranty guarantees that a product works properly. Comparatively, an express warranty can be written down or expressed verbally.
In instances where a breach of warranty takes place, a product liability lawyer in Beaufort can assist. The attorney will allocate the time, energy, and resources necessary to understand your legal claim. If a breach of warranty took place, a lawyer can file your lawsuit accordingly.
3. Strict Liability
A plaintiff can show that a product manufacturer sold a product that was dangerous and caused their injury. In this case, the manufacturer is liable for producing a defective product. The manufacturer can therefore be held financially accountable for any of the plaintiff’s damages.
How to Get Started with a Beaufort Product Liability Lawsuit
If you are on the fence about filing a product liability lawsuit, meet with an attorney. Seek out a lawyer who has many years of experience in product liability cases. This attorney can take a look at your legal claim and offer tips and recommendations on how to proceed.
Once you find the right attorney, you can:
- Work with your attorney to gather evidence and witness testimony
- Develop a legal strategy that helps you put your best foot forward during a trial
- Get details about what will happen when your case goes to court
Your attorney will help you navigate the legal process. Along the way, your Beaufort product liability lawyer is available to answer any of your legal questions. With your attorney’s help, you can present a compelling argument that can push a judge or jury to rule in your favor.
What to Request in Damages in a Beaufort Product Liability Lawsuit
There is no restriction on the amount of economic or non-economic damages you can request in a Beaufort product liability case. You may pursue these damages for several reasons, such as:
- Medical bills
- Lost wages
- Pain and suffering
Your attorney can help you calculate a reasonable amount of damages to request. Next, your lawyer will file your lawsuit so you can request the most damages possible from any at-fault parties. If your attorney has a track record of success in product liability cases, you are well-positioned to secure the maximum amount of damages from these parties.
How You Can Get Damages in a Beaufort Product Liability Lawsuit without Going to Trial
A defendant can propose a settlement at any point in your litigation. If this happens, you are responsible for deciding whether to accept a settlement. It can be tough to evaluate a settlement offer, but your attorney can help.
With help from your lawyer, you can perform an in-depth assessment of a settlement offer. Your attorney can provide legal insights so you can:
- Weigh the pros and cons of accepting, rejecting, or countering a settlement
- Make an informed decision regarding a settlement
- Feel comfortable with any settlement decision you make
If you ultimately determine a settlement falls short of your expectations, there is no reason to panic. At this point, you can decline the settlement without any ramifications. You and your attorney will continue to build your argument leading up to your trial date.
How a Judge or Jury Settles a Beaufort Product Liability Lawsuit
Once your product liability lawsuit goes to trial, a judge or jury will decide your case. A judge or jury will listen to what all parties involved in the case have to say about their respective claims. Then, a judge or jury may render any of the following decisions:
- The defendant is fully at fault and must pay the plaintiff 100% of the damages that were requested.
- The defendant is partly at fault and must pay the plaintiff a portion of the damages that were requested.
- The defendant is not responsible for the plaintiff’s injury and does not need to pay the plaintiff any damages.
Your lawyer works diligently to show a judge or jury why you deserve full damages. This requires your attorney to present evidence and witness testimony that supports your claim. Your lawyer also disputes any claims from the defendant.
Move Forward with a Beaufort Product Liability Lawsuit
The Shelly Leeke Law Firm makes it simple to file a product liability lawsuit in Beaufort. Our attorney can help you initiate the legal process. To learn more or request a free consultation, please contact us today.
