I was Injured by a Product – Now What?

By Greg Kohn
Partner

When a consumer purchases a product, the consumer has the right to expect the product will perform as it is intended to perform. The consumer does not expect that the product will cause harm because of a product defect. If a product does cause harm because of a defect, the consumer can take legal recourse against the designer, manufacturer, distributor, or other parties to recover compensation for injuries. A New Jersey product liability attorney can investigate the matter to determine the legal recourse available for the consumer under New Jersey’s product liability laws.

What Should I Do If A Product Causes an Injury?

Do not throw away anything!

The product, packaging, and instructions are important pieces of evidence. If possible, keep as much of the product as possible without causing further injury to yourself or others. Gather as much information as you can find regarding the purchase of the product, such as a receipt or bill of sale.

A New Jersey product liability attorney works with experts who examine the defective product and review the packaging and instructions. By examining the product, experts determine if the defect that caused harm resulted from a product’s design, manufacture, or packaging. Pinpointing the cause of the defect leads to the identity of the parties responsible for your injuries and damages.

Document your injuries and losses.

If a defective product causes an injury, it is wise to see a physician as soon as possible. Seeking immediate medical treatment protects your health and creates a medical record of your injury. During your recovery, keep detailed records of your expenses and losses related to your injury. Examples of damages that you should track include:

  • Medical expenses
  • Cost of replacement of the product
  • Cost of necessary repairs
  • Loss of income
  • Travel expenses to and from medical visits, diagnostic tests, or medical treatments
  • Assistance with personal care and household chores
  • Medical equipment and medications
  • Funeral expenses and other damages in the case of a wrongful death
  • Other out-of-pocket financial losses

It can also be very helpful to track your pain level during your recovery because you may be entitled to compensation for your physical and emotional pain and suffering. Keeping notes about the challenges or difficulties you faced during recovery can also be helpful, such as missing family events, being unable to attend important work functions, not being able to take care of your children, and feeling isolated, depressed, fearful, or anxious.

Consult New Jersey product liability attorney About Your Claim

As soon as possible, contact lawyer to discuss your claim. The time to file a product liability claim in New Jersey is limited by law. If you fail to file a claim, you could be completely responsible for all financial losses and damages sustained because of a defective product.

Product liability claims can be difficult and challenging to investigate. However, a New Jersey product liability attorney with experience handling product liability claims has the skills, knowledge, and resources you need as you seek fair and just compensation for injuries caused by a defective product. Contact us today to learn more about how we can help you with your claim.

About the Author
Greg Kohn is a partner at Nagel Rice and specializes in complex civil litigation cases, including professional malpractice, personal injury, class actions, wrongful death, products liability, and commercial litigation.  He has extensive experience representing clients in both state and federal court. Greg has tried many jury trials to verdict and has recovered over $50 million in settlements and verdicts in all types of personal injury matters including automobile accidents, wrongful death cases, slip and falls, and other catastrophic injury cases. Greg also handles medical malpractice cases, involving misdiagnoses, wrongful birth, and delayed cancer diagnosis. If you have questions regarding this article, you can contact Greg here.