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Know the components of a product liability claim

Being harmed by any product, whether it is a toy, a power tool or something else, is a hard situation for anyone. You have to get the medical care that you need to ensure that you are going to be able to heal as well as possible from your injuries. On top of that, you might decide that you are going to seek compensation for the accident.

When you seek compensation for a product liability case, there are several things that you need to think about. One of these is who is liable for the accident. The party who is liable is the one who should have been aware of the product and failed to take action to minimize the risks to the public.

Typically, the manufacturer of the product is the one who is going to be held liable. If one component on a product failed, you might turn to the product manufacturer and component manufacturer to both be held liable in your case. It is also possible that the seller of the product and insurance companies might also be named as defendants in the case.

You also have to determine what damages you suffered because of the accident. These can include the cost of medical care, which should include the money insurance paid due to the concept of subrogation. This allows an insurance company to seek restitution for money paid on your case if you are successful in your claim for compensation. Time you missed at work might also be included due to the wages you were unable to earn. Your pain and suffering and other damages might also be possible.

When you are thinking about the damages you suffered, you need to think about the money that you have already spent, as well as what you are going to have to spend in the future.

Your case might be resolved through a trial, but you might be able to get it done faster through a settlement. Think carefully about both options before making your decision.

Source: FindLaw, "Settling Products Liability Claims," accessed Oct. 25, 2017

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