FAQs on Defective Products Liability Claims

There are a number of people who suffer from losses as a result of defective products that they have used. However, many have questions about how to file claims for defective product liability. This article will discuss frequently asked questions related to defective product liability claims and issues.

What is the potential compensation that a victim of a defective product liability claim can expect?It is important to realize that one of the most significant aspects of determining the value a products liability claim has to do with the types and amounts of damages you have suffered. The term ‘damages’ is defined by the Cornell Law School - Legal Information Institute as a remedy in the form of monetary compensation to an individual who has suffered harm. Put simply, damages is a sum of money paid to the person making a claim in a lawsuit either for compensation for some form of injury or loss. It must be noted that damages cover both injury and non-injury (i.e. property) damages or losses suffered by an individual. In Alaska, a person filing a claim for defective products liability is able to receive ‘compensatory damages which are intended on restoring the person to the condition that they were in before the injury occurred by putting a dollar value to each of the bad things that happened to the person as a result of the injury’. These damages can include economic losses, such as medical expenses, lost wages or profits and any property damage. They can also include non-economic losses such as pain and suffering. In the state of Alaska, only compensatory damages may be awarded.

Is it possible to sue for a pharmaceutical drug taken which caused negative side effects?It is important to note that many product liability claims are borne out of the use of pharmaceutical drugs that have dangerous side effects. In most cases, patients claim that the side effects were unreasonably dangerous or that the pharmacy, manufacturer or doctor did not warn the patient about such side effects. However, it is important to bear in mind that many drugs are known to carry serious risks. Therefore, if your doctor properly advises you of such risks and you decide that the risks are worth taking, unfortunately, you will not have a legal claim even if you suffer serious side effects. It must be noted that a number of pharmaceutical drugs have been the subject of class action lawsuits.

What has to be proven in order for a claimant to win a defective product liability lawsuit?An attorney from Crowson Law Group stated that, "the evidence that an individual will need to present in court so as to win their lawsuit greatly depends on the particular circumstances of each case". However, defective product liability lawsuits generally consist of four basic elements, which are:

?You suffered some kind of injury or damage?The product was defective?The defect caused injuries or damages?You were injuredFor a non-injury car accident lawyer seek out a law firm of renowned professionals. For personal injury claims the author recommends Crowson Law Group.

Are you a victim of medical malpractice? If you are looking for accident claims advice, the author recommends the Crowson Law Group.