If a dangerous or defective product has harmed you, Bader Scott Injury Lawyers can help you seek damages. Our firm represents clients recovering from injuries from defective products. These products can be dangerous because of their design, manufacturing, and/or faulty marketing.
We will review the facts of your case and help you plan the next steps in pursuing your claim. A Valdosta product liability attorney will help you build a strong case and fight to get you just compensation for your losses and suffering.
Recoverable Damages in Your Valdosta Product Liability
Depending on the injuries you have suffered and your case’s unique circumstances, you may be eligible to recover damages. Product liability victims can recover two types of damages: economic and non-economic damages.
Economic damages pay victims for the financial losses related to their injury, such as their medical bills and rehabilitation costs. They also compensate for an injury’s indirect costs, such as lost wages (past and ongoing), reduced earning ability, property damage, and other expenses.
Non-economic damages are not financial reimbursement. Instead, they compensate victims for intangible losses. In Georgia, to determine the amount of a pain and suffering award, a court will consider several factors of a victim’s situation (see Food Lion, Inc. v. Williams), including:
- How an injury interferes with the victim’s everyday living and enjoyment of life
- Impairment of bodily health and vigor
- The fear of extent of injury
- Shock of impact
- Mental anguish (past and future)
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Who’s Liable in a Product Liability Case?
Product liability is a branch of tort law that seeks justice on behalf of consumers injured by defective products. Anyone along the production chain could bear responsibility for a defective product and the resulting injuries.
Depending on each case’s unique circumstances and the type of defect, anyone from a product’s designers, manufacturers, wholesalers, retailers, or distributors may be held liable. Parts manufacturers, suppliers, and parties that assemble or install products can also bear responsibility in a product liability case.
Our Valdosta product liability attorney will investigate your case and determine the liable parties in your accident.
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Types of Defects in a Product Liability Case
Three types of product defects may subject a manufacturer to liability: market, manufacturing, and design defects.
Marketing defects occur when a manufacturer fails to safely “market” their product. Product designers and manufacturers must provide adequate instructions and warnings for dangerous products. Failure to do so can render a product unreasonably hazardous and expose its producers to liability.
For example, hair-dryer manufacturers must include electrical warnings on their products. Lack of such a warning would constitute a negligent failure to warn for which a hair-dryer manufacturer could be held liable.
A manufacturing defect occurs when a product departs from its intended design. While a product might be safely designed and include adequate warnings and instructions, it could be dangerous and subject to product liability because it isn’t made properly.
A “lemon” car is an example of a manufacturing defect. “Lemons” are cars based on safe designs or “blueprints,” but they are unusually dangerous because of error(s) that occur during the car’s production. These manufacturing defects render the car incompatible with its intended design and expose the manufacturer to liability for any resulting harm.
Conversely, a design defect is where the intended design or “blueprint” of a given product is faulty. Defective product designs result in the creation of harmful, unsafe products. This is the case even if they are made properly and come with sufficient warnings and instructions.
Product “recalls” are often the result of defective product designs. When a product’s designer becomes aware of its flawed design, it is not usual for them to recall the product to prevent further harm, injury, or liability.
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Evidence We Will Use to Establish Your Case
Filing a lawsuit can be time-consuming, especially if you are doing it on your own. You do not have to do this alone. Bader Scott Injury Lawyers’ team will help you build a product liability case that ensures your side is heard and could recover an award for your damages.
Our lawyers will walk you through each step of the process. One of these important steps is collecting evidence. Two types of evidence are valuable when building a strong products liability case: medical evidence and personal records.
One of the first steps in building a strong product liability case is collecting medical evidence. Because product liability cases concern injuries, medical documents are crucial in building the case. Doctor’s visits and hospital records are important, as well as any assessment, diagnostic, or treatment records that depict the severity, extent, or progression of your injury. These records are especially significant in cases where an injury occurred gradually because they put your injury into context.
Our office will help you collect these records and reach out to other relevant medical professionals, witnesses, or third parties who could support this aspect of your case.
In addition to well-documented medical records, accurate personal records can be beneficial in building your injury case. A thorough record of your experience with the defective product and details about how you suffered your injury are important. Notes about your symptoms, timelines, healing process, steps you have taken, or life changes you have made to manage your injury are all valuable.
While such details often seem easy to remember at the time, cases can extend for months, even years. Victims can forget undocumented information during that time despite its usefulness in showing how a defective product caused serious injuries. Maintaining personal records can strengthen your case.
You Must File Your Lawsuit By Georgia’s Statutory Deadline
If you are thinking about taking legal action in your Valdosta product liability case, you have two years to do so, per O.C.G.A. § 9-3-33. Per the same statute, you have two years to file a wrongful death lawsuit if you lost a loved one who died from their injuries after using a defective or dangerous product.
We will file your lawsuit with the civil court, saving you time. If you miss this important deadline, you risk losing your opportunity to recover compensation from the liable party.
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Call Us Today for Your Free Consultation
We are eager to hear your story and help you fight for justice. If you were unfairly injured because of a poorly designed, manufactured, or negligently marketed product, you deserve compensation, and the liable party should be held accountable.
A drunk driver is a danger to everyone else on the road. If a drunk driver caused you or a loved one harm, you can hold them responsible. You may have suffered permanent injuries, disfigurement, and property damage. A Kennesaw drunk driving accident attorney from our firm can handle your case.
We can investigate your accident, calculate your damages, and fight for fair compensation.
The Dangers of Drunk Driving
Whether you are a pedestrian, a cyclist, or another driver, the actions of a drunk driver can potentially cause you grievous harm. Drunk drivers are slower to react and may make risky decisions when they are behind the wheel. They can injure or kill people every day, causing billions of dollars in damage.
This is why driving under the influence of alcohol is illegal under O.C.G.A § 40-6-391, but criminal charges are not the only consequences drunk drivers can face. They can, and should, also face the people they have harmed with their negligent behavior in civil court.
When to Pursue Compensation
In many cases, an insurance company will seek to settle with those who have been victims of an accident. However, these settlements are not always sufficient. Expenses arising from an accident with a drunk driver can add up, so you may need to pursue damages that can more adequately cover your bills. Potential compensation can help cover:
Medical bills can easily begin to pile up after an accident. Fortunately, the damages you receive can help cover a variety of medical costs, including:
- Hospital bills
- Therapy bills
- Rehabilitation costs
- Prescription and medication costs
- The cost of future medical care
You did not cause this accident, so why should you be on the hook for all of these medical expenses?
Lost Wages and Earning Potential
If your injuries keep you out of work for an extended period of time, that can mean a lot of missed paychecks. This can create an undue financial burden for any family. If the injuries from your accidents leave lasting effects and make it harder for you to work in the future, you should also be compensated for that lost earning potential.
Lost Quality of Life or Loss of Enjoyment
If your injuries can affect your ability to work, they could also affect how you spend your leisure time. If there are activities and sports that you can no longer take part in due to your accident, that matters! That affects your quality of life and needs to be factored in when fair compensation is calculated.
If you were riding a bicycle or driving a vehicle at the time of the accident, it is probably damaged. If insurance does not cover the necessary repairs or replacement, your compensation should.
Pain and Suffering
Your past and future pain and suffering should also be considered when your compensation is calculated. An accident can be traumatic for anyone, and the liable parties need to be held accountable for the pain they continue to cause.
Wrongful Death Damages
If your loved one passed away in an accident with a drunk driver, you can sue for wrongful death damages. These can take into account the mental anguish your family has felt due to the loss of a loved one as well as the deceased’s economic contributions to your household.
How a Drunk Driving Accident Attorney Can Help You
Our lawyers help Kennesaw residents with drunk driving accident cases. While you are not required to hire an attorney when pursuing a personal injury case, your lawyer can do a lot to help you with your case. An attorney from our law firm can:
File Your Case Before the Statute of Limitations Expires
Unfortunately, you do not have unlimited time to file a personal injury case. You have just two years to begin pursuing legal action, per O.C.G.A. § 9-3-33.
This seems like a lot of time, but the legal process can take longer than you expect. Do not take a risk and lose out on your chance to pursue the compensation that you deserve.
Handle Communications on Your Behalf
You should not have to talk to insurance companies and all of the other involved parties in your case. One of our lawyers can handle the communications for you. They will be sure to keep you in the loop with frequent updates.
Gather Evidence Needed to Hold Liable Parties Accountable
Your attorney will also gather the evidence needed to show how you suffered harm and how another party was to blame. Whether you need eyewitness accounts, medical records, or surveillance footage to make your case, your lawyer will find it.
Calculate Fair Compensation
Your lawyer will take into account how you and your loved ones were affected by this accident and calculate fair compensation. Then, they can fight for what you deserve.
Make Your Case, in Court if Necessary
One of our attorneys will do everything that they can to make your case and fight for a fair settlement. If a settlement cannot be reached, your accident attorney will fight for you in court and make your case in front of a judge and jury.
Contact Our Law Office For Your Free Consultation
If you want to know more about how a lawyer can handle your drunk driving accident case, call Bader Scott Injury Lawyers at (404) 888-8888. The consultation is free, and we can explore your legal options.Let us seek fair compensation for your family while you honor your loved one’s memory in peace. We can handle your case from start to finish. Call us at (404) 888-8888.For a free consultation regarding your work injury or claim, contact Bader Scott Injury Lawyers today at (404) 888-8888. We represent clients throughout Georgia from our centralized office locations.Call Bader Scott Injury Lawyers today at (404) 888-8888 for a free case consultation. We work on contingency, so our firm collects no fees unless your lawyer wins your case.
Call or text (404) 888-8888 or complete a Free Case Evaluation form