If you have been injured by a defective product and would like to recover damages by filing a product liability lawsuit against the manufacturer and other parties in the chain of distribution, you have come to the right place.
Our product liability attorney Los Angeles is going to spill the beans on the process of suing manufacturers, distributors, wholesalers, retailers, and other parties for manufacturing and design defects as well as warning defects.
In California, a product manufacturer and other parties in the chain of distribution are strictly liable and legally accountable for any defects and hazards in their products. So what goes into the process of filing a product liability lawsuit in California? Let our Los Angeles defective product lawyer at the Law Offices of Howard Kornberg provide you with a step-by-step guide to suing the liable parties.
Step 1: Do not delay seeking medical treatment. If you have been harmed while using a defective product, seek immediate medical care to document your injuries.
Step 2: Preserve the defective product. If your treating physician proves that you have been injured and you have a reason to believe that the product is defective (and you used it as instructed or in a reasonably foreseeable manner), make sure you preserve it (do not throw it away, as the product will have to be tested by experts to find defects).
Step 3: Collect medical records. Not only will you have to prove that you were injured by the defective product, but also that you do not have any pre-existing medical condition (however, you may be entitled to seek compensation even if the defective product exaggerated your existing injury).
Step 4: Gather proof of loss of income and loss of earning capacity. If your injury prevents you from working, make sure you collect proof of lost wages such as weekly pay stubs and the W-2 form, both of which will help calculate how much you could have earned had you not been injured by the product.
Step 5: Keep a pain journal. “Many people underestimate this step, but you shouldn’t,” advises our experienced product liability lawyer in Los Angeles. Since pain and suffering damages can become a sizeable element of your personal injury settlement, documenting your pain from the date you were injured is critical.
Step 6: Identify all parties that can be sued for the defective product. Depending on the nature of the defect, you may be able to file a product liability lawsuit against:
- The manufacturer;
- The manufacturer(s) of parts and components;
- Retailer;
- Wholesaler; and/or
- Distributor.
Typically, you will require legal help from a product liability attorney in Los Angeles to identify defendants in your case.
Step 7: Once all of the six steps above have been completed, you can proceed to draft a product liability complaint. But before you do, make sure you hire a lawyer who will be paid only if he or she wins your case. You can find the best product liability lawyers in California at the Law Offices of Howard Kornberg.
Step 8: If you are represented by a lawyer, he or she will handle drafting the claim for you. If you chose to represent yourself, you will have to go to court and ask a court clerk to give you the appropriate form to fill out in your particular case.
Step 9: After you have filled out the form, file the complaint with the clerk and make sure you make several copies (the clerk will have to stamp your copies with the filled date). Also, you will have to pay a filing fee.
Step 10: After you have paid a filing fee, you will need to send a copy of the complaint to each defendant named in your product liability claim. As mentioned above, it is highly advised to consult with a skilled lawyer who will help you properly identify the liable parties.
Our attorneys at the Law Offices of Howard Kornberg offer a free consultation and can help you sue manufacturers and other parties in the chain of distribution today. Call our offices at 310-997-0904 for a free case evaluation.
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