From simple toys to complex things like cars and computers, people need products in order to live their daily lives. Unfortunately, company owners sometimes make mistakes in the design or manufacturing of these products and, consequently, many people are physically hurt each year because of those mistakes. In these cases, victims have a right to bring a lawsuit against the manufacturer to recover damages. However, it isn’t recommended that they move forward with any legal action without the assistance of an attorney. Here’s why:
• During the legal discover process, the defense is allowed to obtain a plaintiff’s medical records and earnings history. If medical records indicate that the plaintiff didn’t complain of excruciating pain or was not compliant with their orders, the case could be in jeopardy. The same can be said if work earnings or attendance records don’t indicate that the plaintiff lost as much money as they said they did. A products liability lawyer will know how to legally refute these claims and help prove that their client does, indeed, deserve compensation.
• The defense team may also try to prove that the plaintiff was careless in some way or that the product did not actually cause the injury. In some cases, they may even try to use their packaged disclaimer or a recently issued recall as a reason why they should not be held liable. A good attorney will know how to properly use a strict liability defense, putting together a solid case that proves that the defendant did not behave negligently and that the company should be held liable for the damages.
• A Products liability attorney will help ensure that the plaintiff gets all of the money they are entitled to. Under the Colorado Consumer Protection Act, plaintiffs may sue for three times the amount of the damages. However, defendants routinely try to bully victims into taking a much lower settlement than their case is worth. An experienced attorney will know how to negotiate on their client’s behalf and fight for a fair settlement.
When defective products cause physical harm, victims need to know that they can hold the manufacturer responsible. For those who have experienced loss because of their injury, get in touch with the legal team at Dulaney Lauer & Thomas LLP to discover more about how having the help of an experienced attorney can mean the difference between a victim getting what they deserve and walking away with nothing.
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