After sustaining a serious accident while using a defective product, seeking a legal remedy could get you the compensation that you need to move forward. These types of personal injury actions can be complex, and whether you prevail may depend on evidentiary support for your claim.
Identifying and gathering key evidence can help you get a fair settlement or a money judgment in court.
Proving manufacturing and design defects
In cases involving a manufacturing defect, plaintiffs need to be able to compare the defective product with a product that does not contain the defect. If a defect is not unique to an individual item and is present in every item that a manufacturer sells, comparison with products from other manufacturers may prove that a product has an inherent design defect.
It is critical that you maintain possession of a product that injured you. It could have important evidentiary utility. Be sure to keep it somewhere safe where nobody else will find it and attempt to use it.
Photographing the condition of a defective product before you move it may be prudent. Altering or attempting to repair a product is usually inadvisable.
Documenting accidents and injuries
Eyewitness accounts or videos of an accident could conclusively demonstrate that you sustained an injury while using a product. Legal counsel may be able to offer assistance with compiling materials and obtaining depositions from witnesses.
Lastly, medical records may be crucial to a product liability action. Diagnostic imaging and physicians’ visit notes can help you get compensation that is commensurate with the seriousness of your injuries.