As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be enough business.
- Abraham Lincoln
Researchers estimate that defective products account for more than 14 million emergency room visits annually. Many of these cases involve severe and catastrophic injuries and complicated legal issues.
You should not pursue a product liability claim against a large corporation independently. Let our skilled California product liability lawyer help you hold these companies accountable for your injuries.
Many injured consumers file defective product cases in California courts every year. Statistics show that the Central District of California is one of the top three courts for non-multi-district litigation product defect cases from 2009 to 2017.
With so many lawsuits filed in California, it’s crucial to have a California product liability attorney with the necessary skills to handle these complex cases.
Don`t settle for less than you deserve.
Understandably, many prospective clients want to know the average settlement for product liability claims. However, there is no specific number or range because no two cases are alike. You cannot compare a defective household appliance with a defective medical implant. Rather than research what typical cases might resolve for, speak with our California product liability attorneys to find out what your case might be worth.
Estimating compensation in a defective product case involves more than a simple calculation. Several different factors impact your potential settlement value. Some of the most critical factors include type and severity of injury, liability, and the total amount of damages.
Your injuries are part of your potential case value in a defective product claim. Someone who suffers a less severe injury that eventually resolves on its own will have a lower case value than someone who sustained catastrophic injuries or contracted a life-threatening disease.
Proving liability in a defective product claim differs from other types of personal injury cases. California follows strict liability rules when it comes to products, which means you don’t have to prove negligence—only that the defective product caused your injuries when you were using it as expected. While it may sound easy, it’s pretty complex, which is why you want a skilled and knowledgeable legal advocate on your side.
Your total amount of damages also plays a significant role in determining compensation for a defective product case. Your damages include financial losses such as medical expenses, time off work, etc. They also include your intangible losses, such as pain and suffering, emotional anguish, loss of consortium, and more.
With product liability cases, the court might award punitive damages as well. The law reserves punitive damages for cases involving intentional misconduct or gross negligence. The object is to “punish” the defendant and set an example of behavior not to repeat in the future. One example might be where an investigation uncovers that the company knew about the defect that harmed you but chose to ignore it and keep selling the product.
Product liability claims can involve countless defective products—from baby toys and household items to automobiles and medical implants. Some notable defects include the following cases.
Philips issued a recall for several Respironics Sleep and Respiratory Care devices, including certain CPAP, BiPAP, and Mechanical Ventilators. Philips issued the recall due to potential health risks related to sound abatement foam used in specific machines. The potential dangers of degraded foam exposure include general irritation to your skin, eyes, and respiratory tract, headaches, inflammatory responses, asthma, carcinogenic effects, and other adverse effects on your organs (such as liver and kidneys).
Paraquat is a weed-killing herbicide limited to commercial use because of its toxicity. People who work on farms or other agricultural areas are the most at risk. Exposure to paraquat has been linked to Parkinson’s disease. Numerous countries have banned the herbicide, but the U.S. still allows its commercial use.
As for other types of personal injury claims, there’s a statute of limitations for product liability claims in California. Calculating the time frame can be complicated since injuries aren’t necessarily immediately apparent in product liability claims. You generally have two years from the date of the incident or two years from the date you discovered, or should’ve discovered, the injury.
If you sustained injuries due to a defective product, you need to speak with our California product liability lawyers right away. You don’t want to risk your right to recover compensation by inadvertently missing the statute of limitations deadline. Retain an experienced lawyer at Silva Injury Law, Inc. who understands the complex legal nature of defective products and will ensure your lawsuit is filed timely.
Our experienced legal team also handles other types of cases, including:
We have the skills and resources to build the strongest case possible for trial. Our priority is to protect the rights of injured victims like you and ensure companies are held accountable for endangering the lives of countless consumers. Contact our office today to schedule an initial consultation to learn how we can assist.
We believe that our duty goes beyond achieving large monetary awards for our clients. We strive first to be decent human beings who seek not to stir up fights, but to solve problems.
- Abraham Lincoln