Insurance can play a central role in defective product claims. Many businesses (including product manufacturers and sellers) have product liability insurance that covers the harmful effects of the wares they manufacture and sell. Such insurance will mean one or more insurance companies will be involved in your product liability claim.
If the party responsible for a defective product is uninsured, then insurance may play no role in your case. Instead, you may sue the liable party directly. A Dallas defective product lawyer can lead your case.
Even Insured Manufacturers Could Face Defective Product Lawsuits
The Harvard Business Review (HBR) notes that most businesses “cannot avoid being sued,” including companies that design, assemble, manufacture, and sell consumer products. The same source adds that:
- Premiums for product liability insurance are “a tremendous burden for businesses in many industries,” meaning that some businesses may opt to go without product liability insurance.
- No significant legislation protects businesses from liability for their defective products.
- It is “almost impossible” to avoid producing products with defects. However, this does not protect product manufacturers from being sued or facing insurance claims.
Manufacturers, assemblers, and sellers can take several steps to avoid exposing consumers to the risk of injury or death. When someone fails to take these necessary steps, they are financially responsible for the harm that injured victims like you suffer.
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When Is Someone Financially Responsible for a Defective Product?
HBR notes that any defect in a product can result in litigation. Therefore, manufacturers and their business partners must take several measures to identify and rectify defects, protecting the consumer.
One or more parties may be financially liable for resulting injuries if they:
- Design a product in a way that poses a foreseeable risk of injury or death
- Assemble the product with shoddy materials
- Fail to properly and thoroughly test the product for potential safety issues
- Fail to provide adequate warnings or instructions with the product
- Knowingly sell a product that poses a risk of injury or death
- Engages in any actions (or failures to act) that lead to a defective product reaching the consumer and ultimately causing injury or death
“Defect” is a broad term that can refer to various flaws. If you suffered injuries or lost a loved one because of a dangerous product, a Dallas personal injury lawyer will seek fair compensation for your damages.
What to Expect From Insurers Involved in Your Defective Product Claim
If insurance companies play a role in your defective product claim, you can be assured that their role is not to help you. In fact, an insurance company’s goal may be to pay you as little compensation as possible for losses caused by a defective product.
An insurance company may:
Claim That Your Injuries Resulted From Your Negligence
The central question in your case will be why your injuries happened. You will claim a defective product caused the injuries, but the manufacturer (or their insurer) may claim your own actions caused your injuries.
Your Texas defective product lawyer will present evidence proving that one or more defects did, in fact, cause your injuries.
Underplay the Severity of Your Injuries
Liable parties may attempt to underpay you by minimizing the severity of your injuries. They may:
- Claim you are exaggerating the number of injuries the defective product caused
- Allege that you are exaggerating the severity of specific symptoms
- Claim that one or more of your injuries predate the incident with a defective product
- Claim you’ve made your injuries worse by acting carelessly after suffering the injuries
Your lawyer will present medical records and other documentation proving when the injuries happened, what the injuries were, and how much your injuries will cost.
Undervalue the Total Cost of Your Damages
Even if liable parties acknowledge your injuries, they may claim that your damages are worth less than they actually are. Your attorney will combat attempts to undervalue your damages by:
- Providing documentation of every damage caused by the defective product
- Establishing that each damage is the result of the manufacturer’s negligence
- Presenting a detailed explanation of how they calculated each damage’s financial value
Your attorney will work to build the strongest case possible. With evidence of negligence, documentation of your damages, and a fact-based calculation of your case’s value, your attorney may be primed to secure the money you deserve.
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How Do I Seek Fair Compensation for the Harm a Defective Product Causes?
You don’t have to seek compensation alone. Instead, a defective product attorney with years of experience can lead your fight. Your attorney will:
Document the Negligence That Led to or Caused Your Injuries
Your attorney will secure any evidence that helps prove the product’s defect, including:
- Prior reports of injuries caused by the product
- Expert testimony about the product’s defects
- Images showing the defect
Each product differs, so your attorney will conduct in-depth research to prove the defects that have caused you harm.
Detail Your Damages
Your lawyer will use documentation to prove how the defective product has negatively affected you. Such documentation may include:
- Medical records and medical expenses
- Experts’ testimony about your pain and suffering
- Proof of lost income
Your attorney will secure any other evidence detailing your damages.
File a Claim or Lawsuit on Your Behalf
Your attorney will determine whether the liable parties have product liability insurance policies. They may first file an insurance claim, knowing that a lawsuit can be a secondary option.
Negotiate With the Liable Parties
Your lawyer will give the liable parties the chance to provide fair compensation. If those parties are unwilling to pay you fairly, your lawyer can discuss filing a product liability lawsuit and going to trial to seek financial recovery.
We Can Explain Insurance’s Role in a Defective Product Claim – Free Consultation
Our legal team has the experience you should seek in the defective product lawyer representing you. We will also cover the cost of completing your case, and we will only receive a fee if you get a settlement or judgment.
Call in the Strong Arm to seek justice for injuries and related damages. We encourage you to contact us as soon as you can as you generally have two years to pursue a lawsuit, per Texas Civil Practice and Remedies Code § 16.003. Call Loncar Lyon Jenkins today for a free consultation.