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Steps to Protect Your Product Liability Claim

June 30, 2020

By van der Veen, Hartshorn, Levin & Lindheim

Consumers use a number of products every day and never expect those products to cause them injury. When a product is defective and causes an accident that results in injury, you can file a claim against the manufacturer to recover any damages you incurred. Manufacturers, as well as their insurance company and lawyers, will fight back against these claims to deny you the compensation you deserve. Taking certain steps will ensure that your claim, and your rights, are protected.

Seek Medical Treatment

The injuries resulting from faulty products are often severe. When the brakes in a car fail, for example, it can lead to a car accident that results in catastrophic damage. Seeking medical treatment for these injuries should always be your top priority after an accident. Being examined by a doctor will also provide important documentation, such as medical reports, that prove the extent of your injuries.

Preserve Evidence

Like all personal injury claims, product liability claims rely on evidence to prove that the manufacturer was negligent and therefore, liable for paying compensation. The most important piece of evidence to collect is the actual product, as well as any packaging, warranty information, or any other documents that relate to the product. This evidence will prove that it was the negligence of the manufacturer, and not anything else, such as user error, that resulted in your injuries.

Start a Recovery Journal

Your injuries may take a long time to recover from after a product liability accident. Over that time, your memories about your recovery may fade, as well as details about how your injuries have impacted your life. Take pictures of your injuries and keep a regular journal outlining how treatment has progressed, any activities you can no longer take part in, and how your overall quality of life has been affected. A journal will help prove the extent of your damages, including pain and suffering and emotional distress.

Do Not Post to Social Media

Emotional support is essential when you are recovering from severe injuries. If you are unable to get together with friends and family because of your injuries, you may want to share your story over social media. This is a mistake, however, that could greatly hurt your claim. Anything you post to social media can be accessed by the negligent party, and used against you.

For example, you may post an older picture of when you were happy and healthy to remind your loved ones of better times. The insurer will use that against you, claiming that the picture clearly shows you are not suffering as much as you had claimed, even when that is untrue.

Call a Pennsylvania Product Liability Lawyer

Speaking to an Allentown product liability lawyer is one of the best steps you can take to protect your claim. An attorney will understand how to determine liability in your case, collect evidence, and refute any untrue claims from the other side. If you have been hurt by a defective product, contact our experienced attorneys at van der Veen, Hartshorn, Levin & Lindheim today. We know how devastating these accidents are, and will aggressively negotiate for the fair settlement you deserve. Call us at (215) 486-0123 to speak to one of our skilled attorneys.


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