Any product can cause injury if it is defective. When companies or manufacturers are negligent, they risk causing consumers significant harm. If a defective product has hurt you or a loved one, a product liability lawyer in Charlotte can help you get justice and compensation for your losses.
Shane Smith Law is ready to help when you need someone in your corner to fight for you. With more than 100 years of combined experience, our team stands up to companies on your behalf and ensures you receive a fair settlement. A Charlotte personal injury lawyer provides empathetic, professional services designed to deliver results.
What Constitutes a Product Liability Claim
Product liability claims arise when a defective product causes injury to another individual. Because consumers expect these items to be safe to use, they have the right to file a lawsuit when the defect was caused by negligence. If a company had reasonable knowledge of the defect, it could be held liable. Defective products generally occur for one of three reasons:
- Design defects: These exist from the time the product concept is designed. As such, the defect is inherent in the product, since the design affects the rest of the production process.
- Manufacturing defects: A mistake or flaw results in an unintended change to the product’s design.
- Marketing defects: This type of defect occurs when the company or manufacturer fails to warn about potential hazards, causes labeling mix-ups, or provides poor instructions. This can result in injury if the product is not used correctly.
To resolve a claim, a product liability lawyer in Charlotte can help you establish the elements of a product liability claim by showing that proper care was not taken to prevent harm to consumers. The company’s failure to exercise sufficient safety protocols led to the injuries you sustained. When liability is established for a defective product, the party at fault must pay for damages.
Speak with a Charlotte product liability lawyer, and get a free consultation today.
Call (980) 294-4931Types of Injuries Defective Products Can Cause
According to PR Newswire (U.S. product recalls surge 11% in 2023 to hit seven-year high), there were 3,301 recalls reported during the most recent year. The number of product recalls has increased in recent years, highlighting the dangers that consumers face across a myriad of products. Consumers could suffer any of the following injuries in a product-related accident:
- Broken bones
- Fire or chemical burns
- Poisoning
- Anaphylaxis
- Nerve and tissue damage
- Neck or spine injuries
- Amputation
- Traumatic brain injuries
- Internal injuries
- Death
Seek medical attention right away if you suffer injuries from a defective product. It may be difficult to determine the extent of the damage without additional testing, but you should always monitor your symptoms to ensure your condition does not worsen. Be sure to keep your medical records and bills to use as evidence in your claim.
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What Damages a Product Liability Attorney in Charlotte Can Help You Recover
A defective product can cause serious injury and damage, leaving you reeling physically and financially. These losses can affect the quality of your life and your ability to recover if you do not have the right resources. As such, you may be able to claim some or all of these types of damages in a personal injury lawsuit, depending on your circumstances:
- Economic damages: Provide compensation for your monetary losses. These may include medical expenses, property damage repairs, and lost income. If a defective product results in a fatality, economic damages may also cover funeral and burial expenses.
- Non–economic damages: Provide compensation for non-financial losses. These may include your pain and suffering, mental and emotional distress, diminished quality of life and enjoyment, and loss of companionship.
- Punitive damages: In cases where a defective product causes severe injury or harm, a victim may recover punitive damages. This can provide you with additional relief for your egregious losses.
How much your case is worth will be determined by the losses you suffered and their severity. Every case is unique, and your settlement will reflect the specifics of your situation. Your lawyer can help you add up the value of your losses to determine how much compensation you may be able to recover for the injuries you sustained.
The Statute of Limitations for Product Liability Claims in North Carolina
If you choose to file a product liability claim in North Carolina, be aware that there is a three-year statute of limitations for pursuing legal action, as outlined in North Carolina Statute § 1-52. Claims may not be filed after this point, so it is important not to delay in hiring a lawyer.
There may be some exceptions to this rule. If, for example, you were a minor at the time of the accident and no one took legal action on your behalf, the two-year time limit does not start until your 18th birthday. That gives you until your 20th birthday to take legal action. Always make sure to file within the statute of limitations to receive your compensation.
Additionally, if it is not immediately apparent that the party is responsible for your injuries, or if you did not discover the injury, you may have additional time under the discovery rule. This is highly limited, and it is nearly always best to speak with a product liability lawyer in Charlotte as soon as possible after an accident.
A Lawyer Can Improve the Outcome of Your Case
When you hire a Charlotte product liability attorney, they will investigate the accident to determine where the defect originated and who is liable. Because of the layers of liability involved, these claims can be complex. Once the source of the defect is discovered, your lawyer will work diligently to negotiate a fair settlement on your behalf.
If an agreement cannot be reached to obtain the results you need, your lawyer may file a lawsuit against the responsible company. If this happens, your lawyer will continue to fight for you and gather the evidence you need to satisfy the legal requirements of the case.
Your lawyer will help you navigate the claim process regardless of the direction it takes. They will safeguard your rights and develop strong strategies designed to get results. With their help, you can be confident that you will get a more favorable outcome.
Steps to Take After a Product Liability Accident
If you suffer an injury due to a product’s failure, it is imperative that you take immediate steps to protect yourself. In that situation, your first step should be to seek medical care by calling 911 if your life is at risk. In the ideal situation, you will take the following steps:
- Get medical care appropriate for the situation. Do not put off getting care. The sooner you do, the easier it will be to prove that the product was responsible for your injuries.
- Gather evidence when possible. If something malfunctions, do not throw it away or give it back to the manufacturer or seller. Instead, hold onto it for your attorney to use.
- Document all you can about the incident, including who was present and what happened. The sooner you record this information, the more accurate your memory is likely to be.
- Get an attorney involved as soon as possible. Even if you are unsure whether you have a case or if the insurance company will fight your claim, hire an attorney. An attorney can advocate on your behalf to pursue compensation and guide you through the claims process.
- Document all of your losses and all implications to your health and well-being. It is always wise to speak to the insurance company only through your Charlotte product liability attorney, when possible. This reduces your risks.
In every situation, a product liability lawyer in Charlotte becomes a critical ally in this case. Our lawyer will gather evidence, establish who is at fault, explain your legal rights under North Carolina law, and work closely with you to maximize your compensation. We strongly encourage you to take steps today to get the answers you need and the support necessary.
Determining Fault in North Carolina
Your attorney will gather evidence that demonstrates who is at fault. That includes the seller or distributor, the manufacturer, or a third party.
Your attorney’s ability to do this will often determine the outcome of your case. Choose an attorney with ample experience and knowledge of North Carolina product liability laws throughout this process.
Let Shane Smith Law Resolve Your Product Liability Claim Today
Shane Smith Law will help you navigate your product liability claim so you can recover as much as possible. We understand the setbacks you can face when dealing with injuries, and we work diligently to lessen their impact.
We provide you with quality services and show your case the attention it deserves. To get started with your claim today, contact us to schedule your free consultation with our Charlotte product liability lawyer.
