When we purchase products from a store or online, we expect them to be tested and safe. Unfortunately, sometimes products prove to be unsafe, whether by design or because of faulty manufacturing. Occasionally, these faults result in injuries or even death for people who buy and use the products. If you are in the Richmond area and need to file a product liability claim, you can begin by reaching out to an experienced Richmond product liability lawyer.
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At Brooks & Baez, our attorneys have decades of combined experience advocating for injury victims to receive the compensation they deserve. We approach each case with a can-do attitude so our clients can navigate the legal system confidently. We are a bilingual firm, so we are equipped to advocate for you whether you speak English or Spanish.
Product liability is the concept that the manufacturer of a product is responsible for any injuries that customers sustain because of faults with the product. People are injured by defective products with surprising frequency. In 2024, 15.1 million individuals in the United States went to emergency rooms because of consumer product-related injuries. In order to pursue a product liability case, the following statements must be true:
Unlike in premises liability or other personal injury scenarios, a person filing a product liability claim does not have to allege or prove that the manufacturer of the product was negligent or malicious in their actions. They only have to demonstrate that the product they created was the cause of the harm.
A person who was injured because of a faulty product can file a personal injury claim to recover compensation for all of the losses associated with the injury. General categories of compensation are as follows:
The goal of a personal injury settlement is to help the injured person restore their life as much as possible to the way it was before the injury. Financially, it should be as if it never happened.
If you need to pursue compensation for a product liability case, an ideal first step is to hire a product liability lawyer. Typically, people who are injured by a defective product can file a claim with the manufacturer’s product liability insurance. However, an insurance claim alone is unlikely to result in an adequate settlement.
If you enlist the help of a product liability lawyer, they can communicate with the insurance company for you, which may encourage the company to pay your claim. If your insurance claim is still denied or underpaid, your attorney can file a personal injury claim on your behalf and negotiate toward a satisfactory outcome. Should the case eventually go to trial, your lawyer can advocate for you in the courtroom, as well.
Yes, there is a time limit for filing a product liability claim in Virginia. The statute of limitations for premises liability is two years, as established in Section 8.01-243 of the Code of Virginia, which covers personal injury claims. After this time period, the injury is no longer legally actionable, so it is important to hire an attorney and take action in a timely manner if you need to seek compensation.
Pain and suffering are usually calculated using either the multiplier method or the per diem method. In the multiplier method, the total of the victim’s financial losses is multiplied by a number chosen based on how significantly the injury impacts their life. In the per diem method, pain and suffering compensation are calculated based on the victim’s usual daily earnings.
It is not possible to say how long it will take to resolve your product liability case. The length of a case depends on several factors, including the amount of time it takes for the injured person to recover, how many defendants there are, and whether the case goes to trial. Some cases can be resolved in a matter of months, while others may take much longer.
There are often many potentially liable parties for a defective product, depending on the nature of the defect. Some possibly liable parties include the maker of the whole product, the maker of any defective parts of the product, the company that sold the product, or the person or company that completed the installation. Sometimes, more than one of these parties is liable for the same case.
If you or a loved one has been injured by a defective product in Richmond, you have options for seeking compensation. The legal system can be complicated, and the concept of pursuing a settlement may seem overwhelming, but you do not have to do it alone. Contact Brooks & Baez today to discuss your case.
Our team is comprised of Jesse Baez and Noel Brooks, two attorneys with decades of combined
experience handling legal matters for clients throughout the state of Virginia.
Whatever your legal issue, we will answer your questions and offer you peace of mind as we work to guide
you through the process to resolution.
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