If you sustain an injury due to a defective product, there are grounds for filing a suit. With the aid of a personal injury attorney in Chandler, AZ, there is the opportunity to seek reasonable redress for your injuries. There are factors that will influence how the attorney presents your case and what the court will consider relevant to the injury. Here are some examples to keep in mind.
The Nature of the Defect
One of the first areas to address is the defect itself. This is important, since it determines if the person or entity named as a defendant is actually responsible. Your personal injury attorney will help you understand what sort of information the court is seeking.
For example, the product defect may have to do with the design. In this scenario, the designer, whether an employee of the manufacturer or an independent entity, will certain need to be named as a defendant. Maybe the defect has to do with the manufacturing process proper. This could involve the use of questionable materials or some fault within the assembly process. The defect may have to do with the marketing of that product, such as making claims that are not verifiable or failing to provide sufficient safety warnings on the finished product.
The Question of Misuse
As your Chandler, AZ personal injury attorney will explain, the opposing counsel will likely attempt to prove that you did not utilize the product according to the instructions provided. In other words, the damage or injury resulted from your negligence and is not the responsibility of the designer, the manufacturer, or the marketing team. As part of the preparation for the case, the attorney will prepare you to demonstrate that your actions were in compliance with all instructions provided with the product and that no action on your part led to the injury.
Your Actions After the Injury
What you do immediately after the injury is key to the case. Ideally, you stopped using the product immediately. You sought medical attention and specifically mentioned that the product was in use at the time the injury occurred. Witnesses to the event are also helpful. Retaining and providing your attorney with all the manuals, instruction sheets, and other printed matter that came with the product is also essential. In addition, you should seek legal counsel and file your suit within six years of sustaining the injury.
Depending on the specifics of your case, the personal injury attorney in Chandler, AZ may seek a settlement. If the responsible party is not willing to settle, the suit will progress to the court. Follow the attorney’s instructions and rest assured your rights will be protected.