When products made with defective designs or poor manufacturing practices are sold to consumers, serious injuries can occur. If you’ve been hurt by a defective or poorly designed product, seek legal representation. A product liability lawyer in Santa Ana may advise you to pursue compensation through an insurance claim or a personal injury lawsuit.
At Omega Law Group Accident & Injury Attorneys, we are committed to putting our clients first. We have years of experience and want to use what we know to help our clients with their Orange County product liability cases.
Let a Santa Ana personal injury lawyer from our legal team serve as your legal representative and advocate. To get started, schedule a free case consultation.
Why Hire a Lawyer for Your Product Liability Case in Santa Ana, California?
Unfortunately, challenges can arise during your Orange County product liability case, and these can keep you from getting compensation. Your product liability attorney in Santa Ana can address any challenges that you face as you proceed with your insurance claim or personal injury lawsuit.
Some of the ways that a lawyer may help with your case include:
- Investigating a product defect, poor design, or safety information issue
- Identifying the defect that may have contributed to your injuries
- Using evidence to build your case for compensatory damages
- Negotiating a settlement with a liable party or their insurance company
- Representing you in a court trial
- Complying with state filing deadlines and other rules
- Sharing FAQs and other legal resources
If you’re wondering how to choose a personal injury lawyer for your case, consider Omega Law Group. We strive to treat each of our clients like family, at every stage of their litigation. Give us the opportunity to assist you with your case. Contact us today.
Types of Compensation That You Can Recover if You Are Injured Due to a Defective Product
Defective product injuries can impact you physically, emotionally, and financially. Your Santa Ana product liability lawyer may ask questions about how your injuries that may have been caused by a defective product are impacting you.
From here, they may encourage you to request any of these types of compensatory damages from responsible parties:
- Medical expenses: Track what you spend to treat your burns, fractures, or other injuries. Your lawyer can use your medical bills to strengthen your case for compensation for your current and future medical costs.
- Loss of income: You suffer a traumatic brain injury (TBI) or other catastrophic injuries that prevent you from working. In this situation, you could recover damages based on your lost wages.
- Diminished earning capacity: If your injuries will keep you from returning to the job you held before you got hurt, you could receive compensation for your diminished earning capacity.
- Pain and suffering: You could be compensated for your physical discomfort, emotional distress, and other pain and suffering that relate to your injuries.
- Loss of enjoyment of life: If your injuries make it tough for you to enjoy your life the way you did previously, you may be able to get loss of enjoyment of life damages.
- Loss of companionship: If you have lost a family member in a fatal accident, you may ask for damages that cover the loss of emotional support, love, affection, comfort, and society.
- Burial and funeral expenses: If you file a wrongful death claim or lawsuit on behalf of a family member after a fatal incident, you could obtain compensation for their burial and funeral costs.
Outside of these, punitive damages are rarely awarded in personal injury cases in California. In a defective product case, a judge or jury may award exemplary damages if there is clear and convincing evidence that a party acted with malice, oppression, or fraud.
When Should You File a Product Liability Claim in Santa Ana, California?
Not all Orange County insurance claims are created equal. Your Santa Ana product liability attorney can evaluate the specifics of your case and explain whether you may have grounds for a claim or lawsuit.
Below are some of the types of defective product cases that personal injury attorneys handle.
Manufacturing Defect
Sometimes, mistakes are made during the manufacturing process that make certain products dangerous for consumers to use. If your injury was caused by a manufacturing defect, your attorney may seek damages from the manufacturer.
Defective Design
While some products are made dangerous during the manufacturing process, others contain design flaws that can lead to accidents. If you were hurt by a product with a defective design, your lawyer wants to hold the company that designed it responsible for your injuries and losses.
Improper Labeling or Instructions
Medications, power tools, and other products come with safety instructions and warning labels to ensure they’re used safely, but some of these are mislabeled or lack safety information entirely. If a product like this injured you, your attorney may help you prove that you should receive economic and non-economic damages based on the harm that you’ve suffered.
It can be beneficial to err on the side of caution if you’re unsure about whether you have a personal injury case. Defective product lawyers may ask you questions and learn about your accident and injuries. If warranted, they can help you file a claim against any liable parties in accordance with California law.
How Much Time Do You Have to File a Claim or Lawsuit in Orange County, CA?
File your claim or lawsuit right away if you want to seek compensation for your product-related injuries. Generally, the statute of limitations for a personal injury in California is two years. Beyond this period, you may lose the right to ask for compensation from anyone who may be liable for your injuries.
Depending on your situation, you may be eligible to file a wrongful death lawsuit if you’ve lost a family member in a fatal accident. The statute of limitations to pursue compensation through a wrongful death lawsuit is typically two years from the date of death.
Product liability lawyers in Santa Ana can describe what a claim or lawsuit will entail. They may be able to help you get compensation for your losses through settlement negotiations. Alternatively, if a trial is necessary, your attorney is ready to present your case to a judge or jury.
A Look at the Litigation and Settlement Process for Product Liability Cases
Product liability attorneys in Santa Ana may help you file an insurance claim in which you request compensation from the insurer of a party that may be liable for your accident and injuries. Throughout the claims process, your lawyer may communicate with insurance companies for you. If an insurance settlement offer is made, you can review it with your lawyer.
The average settlement for a personal injury case varies. Your attorney wants you to accept a settlement proposal only if you feel it is fair and reasonable. Otherwise, if an insurance company offers a lowball settlement, they may help you sue for compensatory damages.
Settlement negotiations can continue even after you file a lawsuit. At the same time, your lawyer can gather relevant evidence to use in their argument. That way, they can be prepared to argue your case to a judge or jury and detail why your damages request is valid.
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What to Do if an Insurance Company Disputes Your Product Liability Claim
You could file a claim based on a faulty product, and the insurance company of the party that may be responsible could delay or deny your compensation request. If this happens, it can be helpful to have a personal injury lawyer with product liability case experience on your side.
At this point, your lawyer may tell you to:
- Review your claim denial letter. This will give you the exact reason why your claim was denied.
- Gather additional evidence. Your lawyer may collect witness statements, recall information, and other evidence to help bolster your claim.
- Demand reconsideration or file a lawsuit. Your attorney can submit a supplemental demand package with new evidence to contest the denial, or transition the case into litigation by filing a formal complaint.
If your claim is unsuccessful, your lawyer may help you file the paperwork to sue a manufacturer, designer, or other liable parties. They can continue to negotiate a settlement until your trial date. Meanwhile, they may prepare your case as if it will go in front of a judge or jury.
Evidence and Documentation That Could Help in Your Case
Just because you say that someone may be liable for your accident and injuries does not mean that a judge or jury will award damages. Santa Ana product liability lawyers may search extensively for evidence and documentation to support your compensation request.
Here are forms of evidence and documentation that could help you prove strict liability:
- The defective product itself
- Photos and videos of the product
- Receipts, credit card statements, warranty documents, and other documentation that reflect proof of ownership
- Medical records
- Incident reports
- Emails, call logs, and messages between you and a manufacturer, retailer, or customer support team
- Consumer complaints
- Safety warnings
- Recall notices
Your lawyer may focus their argument on showing that a manufacturing flaw, a dangerous design, or improper safety warnings may have contributed to your accident.
On top of that, they may rely on expert witnesses who can provide insights into a potential link between a faulty product and your injuries.
What Is the Role of an Expert Witness in a Product Liability Case?
Santa Ana product liability attorneys may find witnesses who can give a judge or jury information about how a product may have been unreasonably dangerous.
Ways that an expert witness may be able to help you with your case include:
- Using scientific analysis or engineering principles to illustrate how a defect directly correlates to your accident and injuries
- Analyzing design, manufacturing, and user manuals to figure out why the product failed
- Sharing evidence that shows that safer, economically viable design alternatives may have been available to the manufacturer
Your lawyer may engage with mechanical and materials engineers, medical professionals, toxicologists, accident reconstructionists, and other experts who can serve as witnesses and provide testimony.
How Pure Comparative Negligence Can Impact the Outcome of Your Case
In California, you are subject to pure comparative negligence if you sue someone for injuries relating to a faulty product. Because of this, if a judge or jury rules that you’re partially liable for your injuries, your damages can be reduced by your percentage of fault.
For example, you sue a manufacturer, as you claim that you were injured due to a faulty product. The court rules that you are 20% at fault for your injuries. In this situation, you will recover 80% of the damages that you originally sought.
With pure comparative negligence, the court can award damages even if you are 99% to blame for your injuries. Your personal injury attorney will account for pure comparative negligence as they craft their argument. In a trial, they want to be able to make it clear to a judge or jury that your injuries are the result of another party’s actions.
Our Santa Ana, CA, Product Liability Lawyers Want to Support You as Your Case Moves Forward
Going through the process of filing an insurance claim or a personal injury lawsuit by yourself can be incredibly difficult. Thankfully, if you have been injured because of a faulty product, you have access to legal help in the form of Santa Ana, CA, product liability attorneys.
Omega Law Group is dedicated to delivering outstanding client service. Our legal team takes pride in maintaining a personalized, compassionate approach and making every client feel supported, valued, and empowered throughout the legal process.
Speak with us about your defective product case, and we can give you information about your legal options. Request a free case consultation.
