The Three Elements Needed for a Successful Product Liability Claim

The Three Elements Needed for a Successful Product Liability Claim

If you were injured by a defective product, you may be unsure about what your rights are and if you can take legal action to obtain financial compensation for your losses. Going up against a large corporation and attempting to hold them legally accountable is not an easy task but rather one that can be very complicated. These companies have highly paid and aggressive legal teams protecting them from costly lawsuits. 

The first action a victim of a product defect injury can take to learn more about the strength of their case and if they even have one to file is to meet with a knowledgeable attorney. In Pennsylvania, the Philadelphia product defect attorneys at Edelstein Martin & Nelson can evaluate your injury accident and assist you with your claim. You may be able to obtain monetary compensation for damages such as medical treatment you received for injuries, lost wages, pain and suffering, and more.

Proving You Were Injured by a Defective Product

3 Elements Needed For a Successful Product Liability ClaimWhen you have an attorney on your side helping you throughout the product defect injury claims process, these companies, and their legal teams will take notice and know that you are serious. Your attorney will be able to identify what type of defect caused your harm. This is because there can be one or more than one type of product defect that was the reason you were injured. Products can be defective from manufacturing oversights and mistakes, poor product design, and also by misleading advertising.

As a plaintiff or a party who files an injury claim, you will need evidence to support your claim. If you have substantial evidence showing your harm came from a defective product your attorney may be able to negotiate a fair settlement for you and then you will not have to go to court. Though, if a settlement cannot be agreed upon, then your case will go to court.

To be successful with your claim, you will need to establish certain elements existed such as

  • You were hurt using the product and suffered physical bodily harm or you developed a disease condition as a result of a toxic product. Your attorney must show a link to your harm from your use of the defective product.
  • A product had manufacturing, design, or an advertising defect so it was dangerous for consumers.
  • You used the product correctly for the purposes it was intended for.

Victims of defective products that would like to file a claim have a limited time to do so. Pennsylvania’s product liability statute of limitations is 2 years from when the injury was discovered.

Speak to a Pennsylvania Product Liability Attorney Today

A Pennsylvania product liability attorney at Edelstein Martin & Nelson can discuss your case with you and advise you on what legal options you have to recover your damages. Where it makes sense to file a claim, the legal team at Edelstein Martin & Nelson will fight aggressively on your behalf to secure the highest amount of compensation. 

For a free consultation, please call Edelstein Martin & Nelson at (215) 731-9900. 

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