Hillsborough Product Liability Lawyer

Common Product Liability Claim Mistakes

There are numerous ways you can accidentally lower the value of your product liability claim. Read over the most common errors below to help you avoid making the same mistakes.

Not Getting a Medical Exam After the Accident

Don’t make the mistake of minimizing the accident or the potential injury it may have inflicted on you. Let a medial professional examine you, so any injuries you may be unaware of are treated and put on record.

It’s important to remember that you may be feeling the effects of adrenaline during the first 18 hours or so after the accident. These effects include temporarily enhanced energy and strength, as well as a lowered ability to feel pain.

This response was probably helpful 12,000 years ago when early man was far more likely to need to run from large, hungry predators. These days, however, it often just gets in the way of seeking medical attention when we should.

However you may feel after an accident, it’s best to protect your health by going to the emergency room or doctor’s office as soon as possible. In addition to protecting your health, doing so will create a record of your injuries that will support your product liability claim.

Without this proof, the product manufacturer’s insurance company can challenge your claim by questioning when you were actually injured and how. Locking in the timeline of your injuries with a medical record will make it difficult for the insurance company to challenge. And the closer your medical visit is to the time of the accident, the stronger your evidence will be of when and how you were injured.

Not Following Your Treatment Plan

When you leave the doctor’s office or emergency room, your doctor will provide you with notes on how you can help your own recovery moving forward. This may take the form of physical therapy appointments. Or, you may be instructed to take a medication according to schedule until it is completed. This is especially true of you are prescribed an antibiotic, which may be rendered ineffective if you don’t follow instructions.

There are numerous forms a treatment plan can take. The important thing is that you adhere to yours. It will not only help you recover as efficiently as possible, but also keep the insurance company from attempting to devalue your claim.

If you don’t respect your treatment plan, the insurance company can blame you if you have difficulty recovering, instead of taking responsibility for the severity of your injuries. The less responsibility they bear for your circumstances, the less they need to pay you in compensation.

To protect your claim, make sure that you not only keep your treatment appointments and take your medications, but avoid strenuous activities you have been told to avoid until you’ve recovered.

Allowing the Insurance Company to Record Your Statement

It’s standard practice for the insurance company to call you after the accident and ask for a recorded statement. They may imply that this is necessary to process your claim as quickly as possible. What they don’t tell you is that the only party who benefits from agreeing to speak to them is the insurance company.

If the insurance adjuster is lucky and you assume you must speak to them, they will record your account of events, hoping to record you saying something that will enable them to devalue your claim.

If your claim is for electrical burns from a power tool, for instance, you may find yourself facing questions about whether your home’s wiring is up to code. This is just one example of the potential difficulties that can arise when you speak to the insurance company.

Don’t leave yourself vulnerable to having your claim devalued. Let your Hillsborough product liability lawyer handle communications with the insurance company.

Not to Hiring an Attorney as Soon as Possible

There are a number of reasons a person may fail to prioritize hiring a lawyer for their product liability claim. Waiting too long to look for a lawyer, however, is a mistake that can ruin your claim.

Some people wait because they are dealing with the immediate trauma of being injured. This is understandable, but it’s important to at least be mindful that you’ll need to look for someone to help you with a claim as soon as you are up to making the call.

Serrano Law understands that you’re dealing with a very difficult time, not just physically, but mentally and emotionally. If you need answers but are not yet out of the hospital, Mike Serrano will come to you.

People sometimes wait to look for a lawyer because they are using the state’s statute of limitations as their deadline. This is a mistake because long before you run out of time to file, you’re going to run out of evidence to collect.

Accident scenes get cleaned up and evidence is sometimes lost. Witnesses change contact information. As time goes by, they are also likely to forget details about what they. Don’t help the insurance company by preventing your attorney from getting an early start on the investigation of your accident. Call as soon as you can.

A third reason a person may wait to call a lawyer is they hope to handle their claim themselves, believing it will save them money.

This is a mistake. Without an attorney, you don’t have the legal leverage to get the insurance company’s attention. They are well aware that if you fail to negotiate a fair settlement, you aren’t likely to win a case against their lawyers in the courtroom.

The more likely scenario is that they delay and deny your claim until you either give up and go away or you accept the first meager settlement they offer. If they wear you down enough, you are likely to worry that the first offer is the only offer you’ll get, causing you to agree. At this point, it’s likely you’ll just want to be done with the struggle and walk away with something.

A lawyer will know how insurance companies operate and won’t fall prey to their tactics. A lawyer will also have the experience and objectivity to know when an offer is worth accepting and when it’s better to turn it down. A lawyer can also take your claim into the courtroom if the insurance company refuses to agree to a reasonable settlement.

Finally, an attorney will also know how to assess your damages accurately so you don’t “leave money on the table” when negotiating a settlement.

If you’re worried about the expense of hiring a lawyer, consider that, statistically, people with experienced attorneys are awarded many times more than those who handle their own claims.

Choosing an Attorney Who’s Not a Good Fit for Your Claim

When you do hire a lawyer, it’s crucial to make sure you hire a personal injury trial attorney with experience handling product liability claims.

As with doctors, lawyers specialize in a variety of practice areas. Make sure the lawyer you hire spends the majority of his or her time working in personal injury. In addition, that person should be a trial lawyer. While it’s true many cases are resolved via settlement, some need to go before a jury to get you the compensation you deserve. If your case is one of these, you need to have a lawyer who’s up to the task.

Give your product liability claim the best shot at success by hiring a personal injury trial lawyer with a record of success in product liability.

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Hillsborough Product Liability Client Story

The story that follows is intended to give you an even better idea of what you need to know in a product liability claim. Though the names and details have been edited to protect the privacy of our client, the helpful information remains. Be sure you read to the end to get as much information as possible. When you’re through, please call us to discuss your specific claim.

On a cool evening in north Tampa not so long ago, Meera Kumar jumped in her small hatchback and headed north to her favorite Indian grocery. Her parents were arriving the next day and she planned to make her dad’s favorite dishes.

This would be the first time Meera’s father was coming to visit her in Florida since her graduation from college three years earlier. Meera had grown up outside of Toledo, Ohio. She’d always been close to her family, but by the time she graduated high school, she was done with snow, frigid winds, and ice. She applied to five colleges, including University of Tampa.

Meera smiled as she drove, remembering how Anand Kumar had refused to visit the school on their tour of colleges. He simply could not believe she’d actually want to move that far away. Stubborn as always, he remained in denial, clinging to his dream that his daughter would join him in running the family restaurant.

Eventually Anand had accepted Meera’s decision to attend school in Tampa and remain there after graduation. Now a year after earning her MBA, Meera had a successful career as a data analyst. So far, so good. Now if she could just get him to accept her boyfriend, Aiden.

Her mom had been instrumental in helping Anand to “adjust his outlook” about his daughter’s school and career choices. Hopefully, she’d succeed in getting him to see how happy she was with the man she hoped to spend the rest of her life with.

Meera and Aiden had been together since her junior year in college. No wedding date yet, though Aiden had brought up the topic of their future together many times. She’d let him know there could be no engagement until she’d prepared her father for the possibility. This dinner was the first, very important step.

As Meera drove, she ran through a mental checklist in her head of the dishes she’d prepare: pakora, samosa, chicken vindaloo… Meera’s thoughts were distracted by the sudden smell of gasoline. She looked at the gas gauge and saw that once again, her car had dipped below a quarter tank. It definitely hadn’t been that long since she’d filled it. She made a mental note to get the vehicle checked as soon as the visit was over.

Meera spent thirty-five minutes in the store, going over her list repeatedly to make sure she had everything she needed before making the ten-mile trek south back to west Tampa.

On the way, the smell of gasoline grew stronger, and Meera began to get a headache. She called Aidan to make sure he’d be off work the next day as planned. It was looking like they’d need to leave this car in the shop and take his to pick up her parents at the airport.

As she hung up, she began to worry about the smell infusing itself into the groceries. Nothing appetizing about dinner that smelled like gas.

That’s when she noticed the motorist behind her flashing his lights. She ignored him at first, assuming he wanted to pass, but he persisted.

“Pass me, already!” Meera said aloud, at a loss as to what the driver was upset over. When he finally swung around her, the car pulled alongside. Meera decided to ignore it, worried about engaging some irrational person in a road rage incident. To Meera’s surprise, however, the passenger lowered the window, yelling and pointing at the vehicle.

“What?” Meera yelled back.

“Your car is smoking!” The woman yelled, pointing. Meera waved her thanks and took the exit she was approaching, planning to stop at the gas station where the exit ramp met the road below.

She didn’t make it.

With a loud WHOOSH, the car was suddenly engulfed in black smoke and intense heat. Unable to see, Meera yanked the car to the shoulder of the offramp. As soon as she stopped, flames washed over the windshield and around the rearview mirrors.

Overcome with fear of the gas tank exploding, Meera tried the door, but the interior mechanisms must have melted. It wouldn’t budge. She frantically hit the power unlock for all the doors, but nothing happened.

Black smoke was billowing through the vents and the heat in the footwell was quickly becoming unbearable. The glass began to crack all around her. Coughing through the smoke, Meera punched the hatch release, barely able to see. As she scrambled over the seats, the smoke moved with her siphoning out the back. The hatch was open.

Meera rolled out the hatch, landing hard on the pavement, coughing and gasping for air. Hands were lifting her, pulling her away from the wreckage when she passed out.

Meera woke up in the hospital. She was confused to find her parents beside her. They were wearing protective gear to shield her from infection.

“Baba? Ma?” She asked.

She learned that the car’s gas tank had a leak that caused it to burst into flames. She also learned that her running shoes had partially melted to her feet in the fire. She’d lost all or part of four toes, some on each foot. She was looking at a difficult recovery and her gait would never be the same.

Meera spent a week in the hospital as her doctors treated her burns and watched for infection. During that time, Meera discovered that Aiden had called her parents and brought them to the hospital from the airport in the early morning hours after the accident. She was relieved to see that the emergency had jumped them right through the formalities and non-essentials. Anand even told her he was very impressed with Aiden.

During that first week, Aiden did some digging online and found that this was not the first time a gas tank had malfunctioned on cars of the same make, model and year. After talking it through with him and her parents, Meera agreed she should consult with a lawyer.

After reviewing a number of lawyers online, Meera made an appointment with Serrano Law for a free legal consultation. Mike Serrano met Meera and Anand the day before her discharge from the hospital.

How much does it cost to hire a lawyer?

Meera’s first question was how much the firm would charge to handle a defective products claim.

“There is no upfront charge,” Serrano told her. “We work on a contingency fee basis. That means the firm covers all of your case expenses: investigation, research, and administration, from the start until your case is concluded. We also cover litigation fees, should it come to that. We only get paid after bringing your claim to a successful resolution.

Meera and Anand were pleased to hear this. She then asked what her claim was worth.

What is My Defective Product Liability Claim Worth?

“Any reputable attorney will not tell you the value of your claim without first gathering information, Meera,” said Serrano. “We first need to do an accident investigation, collecting evidence, doing research, and speaking to witnesses. The second part of your case value equation is going to depend on you.

“We need you to reach ‘maximum medical improvement.’ This is the point at which you recover back to a level that your doctors consider your ‘normal’ health. If your injuries prevent you from returning to your prior level of health, then maximum medical improvement is going to be when you reach your new ‘best’ level of health.

“Reaching maximum medical improvement will involve you being finished with surgeries. It’s also going to mean we know what will be involved in the future care of your accident injuries. When you get to this point, we’ll clearly understand your damages. That is when we can tell you what your claim is worth,” said Serrano.

“This means that your focus right now, Meera, needs to be on your recovery. Rest and follow your doctor’s treatment plan. I’m assuming it will include physical therapy once you’ve healed enough. Don’t skip these or any other treatment appointments. Take all of your medication and be diligent about following doctor’s orders. This is going to be crucial to your recovery, and also to maintaining the value of your claim.”

Thinking about everything that lay ahead in her recovery made Meera’s head hurt, but she knew what Serrano said made sense. She could tell from her father’s nod that he accepted this information. He trusted the lawyer.

How Long will My Claim Take?

“How long will Meera’s claim take?” Anand asked.

“That, too, will depend on a couple of factors, Mr. Kumar. The first is how long it takes Meera to reach maximum medical improvement. Once you get there, Meera, and we know your damages, we’ll send a demand letter to the insurance company.

“From that point on, the speed at which your claim is resolved will depend on the insurance company. If they’re reasonable and fair in making an acceptable settlement offer, we’ll be able to wrap up your claim swiftly.

“If, however, they refuse to settle on a fair amount, we’ll sue them in court. Please don’t worry about this possibility, though. Our firm has a long, successful history of winning personal injury claims at trial and via negotiation,” said Serrano. “That includes product liability claims.”

“In fact, there’s a good chance the insurance company is aware of our reputation. It’s not unheard of for insurance companies to settle to avoid a difficult court battle; especially if the claim involves a product that clearly should have been recalled.

“Either way, I’m ready to fight for your right to compensation,” said Serrano. “That’s why no matter who you decide to retain, I recommend you choose a personal injury trial lawyer with a successful record handling product liability claims.”

Meera was satisfied with the information Mike Serrano gave her in her free legal consultation. She retained Serrano Law, and we are pleased to say that we got Meera over eight times more than the insurance company initially offered.

Call Our Hillsborough Product Liability Lawyer Today

We hope this information has given you a good overview of your product liability claim. Since no two cases are exactly alike, give our Hillsborough product liability lawyer a call as soon as you can to schedule your free legal consultation. Don’t wait until your claim has been negatively impacted by the passage of time. Get started right away.