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Were you injured in Lawrenceville, GA or its surroundings? Our lawyers can help you recover from your losses. We have decades of combined experience handling local personal injury cases.
Having a local personal injury lawyer with experience with and knowledge of the actual value of your case is vital to ensuring you receive the most compensation possible for your injuries.
Our award-winning Product Liability Lawyers know the best way to go up against insurance companies because we used to work with them and use that experience to help you win.
Voted Among the Best Personal Injury Firms in Gwinnett County 6 Years in a Row by Gwinnett Magazine
Your neck and back are highly sensitive areas. When they are injured, it can be painful and life-altering. Often accidents like traffic collisions, slip and falls, and others lead to these injuries. You must seek legal recourse if someone else is negligent in causing your injuries. The Peachtree Corners back and neck injury lawyer from Spaulding Injury Law can help you navigate the legal process.
There are millions of products on the market that we use. While they undergo rigorous testing, some can still harm people. There are various ways a product can cause an injury. Therefore, different parties are responsible. The complexities of a product liability claim are overwhelming. It is challenging to prove that an injury was the manufacturer’s fault, even when you have evidence. Work with a skilled product liability lawyer to pursue compensation from the appropriate parties.
Types of product defects
Since there are as many products on the market, that leaves room for mistakes. When filing a product liability case, there are three subcategories your defect can fall under. Depending on which defect it is, there are different potential liable parties. The categories of defects are:
- Design defects: these are part of the initial product design. They exist before the product is manufactured or hits the shelves. When it is a design defect, the entire line is dangerous. Anyone who uses this product is at risk of injury.
- Manufacturing defects: when the design works, it is sent to manufacturing. This is where other errors can occur, leading to a defect. Often, only a few products in the line are affected. It can be a traceable batch, and those specific sales are addressed independently.
- Marketing defects: when the product is designed and manufactured correctly, you would assume it is safe to use. However, the product should have instructions or manuals that state any risks or dangers the product has. Failure to warn is a marketing defect that can cause injuries.
When we investigate, we will determine which of these categories your defect falls under. We will then find the party responsible for the defect. Spaulding Injury Law will use our resources to hold negligent parties accountable.
Who is liable for a product defect?
Determining who is responsible for your injuries is the most contentious and complex aspect when handling a product liability claim. You must include every party in your lawsuit to get the maximum compensation for your cases. The more parties involved, the higher your recovery may be. However, this also means you must prove they all contributed to the defect, how, and at what percentage. Liability can fall on one of all of the following parties:
- Manufacturer: the product starts here, and before it can reach anyone, it must be approved by designers, consultants, engineers, and others. These parties can be responsible for approving, creating, or manufacturing a defective product.
- Retailer: sometimes, the store you bought the product at can be liable for your injuries. They might not have created a defective product, but they can still bear some responsibility.
These and other parties who contribute to your injuries can be held responsible. As you might guess, determining who is responsible will take some time and resources. Spaulding Injury Law has experience handling these types of cases. We will work to find who is responsible and who should pay for your losses.
Modified comparative negligence
Several states run on modified comparative negligence. Georgia is one of those states. When assessing your case, the insurance company or court can assign different fault percentages to all parties involved. Before you begin to spiral, this does not mean you cannot recover compensation for your losses. You can recover some damages if you are partly at fault for causing your injury.
The caveat for recovering damages is you must have less than 50% contribution to the claim. The percentage you are found to be at fault for will be reduced when you are awarded compensation. Suppose you contributed 15% to the product malfunction. That amount will reduce your injury claim. If you receive $10,000, it would be $8,500 after the reduction. The initial premise of this law was to favor victims. The insurance company has twisted it to help themselves. Our Peachtree Corners product liability attorney will fight back to try and lower your percentage as much as possible.
Common injuries from defective products
You might not think you will suffer a severe injury from a defective product, but you can. Some common injuries our Peachtree Corners product liability lawyer sees include:
- Disfigurement and scarring
- Amputations
- Traumatic brain injuries
- Broken or fractured bones
- Paralysis
- Spinal injuries
- Internal organ damage
- Nerve damage
- Facial injury
Conducting an investigation
While the defendant in the claim is working to find evidence to hurt you, you’re focusing on your medical treatment. They may have the upper hand initially because they move swiftly. However, when you have a Peachtree Corners product liability attorney working for you, we will investigate the matter independently. We are looking for the incident’s cause, negligence, and liability. When looking for evidence, we will gather the following:
- Injury photos
- Videos of traffic, weather, and the accident scene
- Dashcam footage
- Body cam footage
- Journal entries
- Witness statements
- Reports from accident reconstruction experts
- Forensic analysis
- Police and crash reports
- Black box data
- Chemical and blood tests
- Driving records
- Expert witness testimony
Reviewing this list can seem overwhelming. You may be left searching for these pieces of evidence independently without legal assistance. Additionally, you will have legal documentation to file and sift through. You’re also dealing with your medical treatments. You must work with a Peachtree Corners product liability attorney to alleviate some of this stress.
Compensation from product liability claims
The damages you can recover will depend on individual circumstances. Many factors will be involved in determining your case worth. Some factors include the severity of your injuries, the percentage of fault, and future estimated losses. A product liability attorney in Peachtree Corners will review your case and determine what compensation you qualify for. Some of the damages you can seek include:
- Medical expenses
- Lost income
- Pain and suffering
- Reduced earning capacity
Other compensation can be available for your case. You must get an individual assessment to determine your case worth and avenues of compensation.
Talk to a Peachtree Corners product liability attorney
Spaulding Injury Law has years of experience handling product defect cases. We are here to help injury victims pursue the compensation they need after these incidents. Speak to a Peachtree Corners product liability lawyer today by scheduling a case review.
Visit Our Product Liability Office in Peachtree Corners, GA
We help victims inside the Gwinnett County Area and our firm is conveniently located near Peachtree Corners. We have an office in Lawrenceville at 223 Scenic Hwy S #202 Lawrenceville, GA