Fairfax Product Liability Attorney

Fairfax product liability lawyerMany people are injured because of a company’s defective products, and many of these cases go unreported or unresolved because the injured party wants to avoid additional stress. Our Fairfax, Virginia Law Firm believes these victims are always entitled to compensation, and our team of lawyers help make it happen. Our reputation was earned through hundreds of hard-fought high-profile cases over many years. It takes a nuanced and accomplished understanding of the law to achieve fair and just compensation for the victims of personal injury, and that’s exactly what our Fairfax personal injury lawyers do.

Common Product Liability Cases

Most personal injury cases require the injured party’s representation to prove the negligence or misconduct of another in court. Product liability cases are a little different. The outcome of these cases is determined by the rule of strict liability, which means the claimant need only prove that the defendant caused a personal injury. For example, the first step is to prove a product was defective. If the injured party can prove he or she was using the product for its intended use and the injury was caused by the defect, then victory is usually assured.

Some examples of common product liability cases include:

  • Airbag malfunction
  • Tainted medication
  • Faulty electrical systems
  • Faulty construction equipment
  • Unsafe food products
  • Asbestos exposure
  • Cosmetic side effects
  • Tobacco illnesses

Many class action lawsuits have been lodged against bigger manufacturers that have hidden product defects from the public. Tobacco companies have been forced to pay victims of cigarette-related illnesses millions of dollars because they may have known about the harmful effects of smoking for a long time before alerting the public. Automobile manufacturers are forced to recall vehicles on a regular basis for dangerous product defects. Thousands are affected by these cases each year.

How Compensation For Product Liability Injuries Are Calculated

Many product liability cases involve automobile defects that can have deadly or debilitating lifelong consequences for the injured party. That means compensation might be small or large depending on the specific case. Each is unique. Here are a few factors that determine how personal injury compensation is calculated:

  • Medical Bills. All medical care resulting from the product defect should not be the claimant’s responsibility. This includes expected medical care in the future. This might involve emergency room treatment, doctor’s visits, and physical therapy.
  • Pain, Suffering, and Emotional Distress. Awards for pain and suffering are difficult to prove in court because they are subject to interpretation and opinion instead of empirical data. The outcome might be dependent on how long the claimant spent in the hospital or bedridden. The victim should keep a journal of daily thoughts, feelings, and pain from the date of the accident all the way through recovery.
  • Lost Wages and Diminished Earning Potential. It can become extremely stressful if a person is unable to work. That means less income to support oneself or one’s family. Compensation includes all wages lost because of inability to work, and also all future wages lost due to disability or reduced function. If a person is unable to find gainful employment as the result of the personal injury, then the figures will increase substantially.
  • Death. Family or friends of the deceased can lodge a wrongful death lawsuit against the defendant in order to pay for medical expenses, funeral arrangements, loss of financial support, and loss of inheritance.
  • Punitive Damages. Manufacturers will go to extraordinary lengths to avoid the label of a defective product. Punitive damages are only awarded in cases where the judge feels additional punishment is necessary to prevent future wrongdoing. In product liability cases, this usually means that the manufacturer knowingly allowed a defective product to remain on the market instead of recalling it.

How A Fairfax Product Liability Lawyer Fights For You

There are a number of steps to follow before the victim of product liability can collect compensation. These include:

  • Investigating the product defect. A personal injury attorney will attempt to locate others who were affected by the same defect in order to build a solid foundation for the case.
  • Collecting all medical documents associated with injuries sustained in order to determine what future expenses might be incurred.
  • Calculating the financial damages the victim incurred because of the product defect, and those that might be incurred in the future.
  • Contacting insurance providers.
  • Contacting the manufacturer’s representation to make a fair settlement offer.
  • Filing a direct claim in civil court when settlement negotiations are unsuccessful.

Call A Fairfax Product Liability Attorney Today!

Were you injured because of a manufacturer’s product defect? You may be entitled to significant compensation for your personal injury according to the rule of strict liability. Our Fairfax, VA Law Firm has a product liability attorney ready to field your questions. Call our offices to contact a product liability attorney for a free consultation today!