Have you been injured as a consequence of a damaged or faulty product? Every item that is released onto the marketplace, whether it be beauty creams or furniture, has to go through rigorous testing to make sure it is safe for public use. However, there are incidents when one or two products fall through the wire. If you have experienced an injury as a consequence you will be able to make an accident claim, irrespective of what item actually caused the damage. Read on to find out more about all of the different factors you need to know…
Should you make an accident claim?
There is only one place to start and this is by determining whether you should actually make a claim. Ask yourself the following three questions…
1. Was the incident caused as a result of someone else’s error or negligence?
2. Did the accident occur within the last three years?
3. Have you seen a doctor as a result of your injuries?
If you can answer ‘yes’ to all three questions you should definitely proceed with making a claim.
What should you do if you have been injured because of a faulty product?
You need to see a doctor first and foremost. If you do not see a medical professional you are going to struggle to make an accident claim. After all, the medical report is an imperative piece of evidence. It documents your injuries and the treatment you have required. Aside from this, it is a good idea to send a letter to the manufacturer and distributor of the product. Inform them of the damage caused by their product.
What special damages can you claim for when making this type of claim?
Special damages are the compensation you receive for any costs you have experienced as a result of the incident. This includes anything from loss of income, to medication costs, to treatment expenses, to counselling costs, to travel expenses and much more. You will need proof of these costs to claim. For example, if you have been injured due to fault headphones, you may need to purchases hearing aids and accessories, and this can be included as a special damage. You can learn more about this online.
Will I have to go to court?
It is extremely unlikely. In fact, fewer than three per cent of personal injury cases end up in the courtroom. Both parties will want to resolve the issue as quickly and smoothly as possible.
How can a personal injury lawyer help?
A personal injury lawyer is there to help you make your claim. You don’t need one - in the unlikely case that it does g to court, you could represent yourself, but your chances of success are greatly increased if you have one on your side, fighting for what you are entitled to. They will know the ins and outs of personal injury law, whether you were hurt in an accident or because of something you have bought, and will know exactly what evidence you need. Sadly, when personal injury cases go to court, the other party often tries to wrangle their way out of things to avoid a payout, but a personal injury lawyer will be able to pre-empt all the tricks and tactics that they might use, as well as advise you as to whether you have a solid basis for a case to start with.
Can I make a claim against my employer?
Yes. If your employer is at fault for the injuries you have sustained you can make a workplace accident claim. They will have insurance in place to cover them in such incidents.
Hopefully, you now have a better understanding of what you need to do if you have been injured because you have purchased and used a faulty product.
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