The Liability Litigation Process

Atlanta Product Liability Litigation Attorney

Pitfalls for the Unwary

Product defect litigation is full of pitfalls for the inexperienced and unwary. One huge mistake we see too frequently is when people and even the lawyers who represent them fail to protect the defective product. Appliances and tools are disposed of or left unprotected from the elements. Cars are released for crushing or allowed to be sold at auction to salvage yards. Without the product, it is nearly impossible to properly evaluate or pursue a product defect case. In addition to the product itself, it is imperative to collect scene and other evidence while it is still fresh, if possible. There are a host of other legal, technical and practical aspects of product cases that make them unique and fraught with dangerous difficulties. Make sure your lawyer has specific product liability experience before you hire them.

If you believe a defective product has caused you or your loved one to be injured, time is of the essence. Contact our offices immediately to talk to a proven, driven law firm that maximizes results, one client at a time.

The Liability Litigation Process

Properly handling your product defect case will involve a number of steps. First, the product must be secured and evaluated by experts to determine whether a defect exists. While this is happening, other critical evidence from the scene of the incident and from other sources will be collected and preserved. Once a defect is identified, the rest of the investigation, leaving no area uncovered, should be completed. Not every aspect of the investigation can always be completed before litigation, but as much as possible should be done. Our job is to play the devil’s advocate, trying to expose the weaknesses as well as the strengths of the case. This is the best way to prepare an airtight legal action.

Once the investigatory stage is sufficiently completed and the experts have completed their evaluation, the lawyers will meet with the experts, review all of the evidence, and create a detailed strategic case plan. This is where years of product liability-specific experience makes a difference. The plan is individually tailored to the case, since no two cases are the same. This is a highly creative process that has taken years to hone.

It is imperative to focus not only on proving liability and responsibility, but also to prove damages – all the damages, in a way people will hear and accept. You may be entitled to medical care costs and lost wages, but proving the intangible losses of pain and suffering and all of the components they consist of are more difficult. Joseph A. Fried is known nationally for the innovative strategies he uses to help maximize the damages presentation in cases.

When a defendant has shown reckless or wanton disregard for safety, punitive damages may be assessed. These are damages above and beyond what a person can be awarded for compensation. Punitive damages are designed to punish wrongdoers. If appropriate, we will seek punitive damages in your case to send a message that reckless disregard for safety will not be tolerated.

Remember, the most powerful evidence in your potential product liability case is in your possession: the product itself. Please don't let the product, whether it is an unsafe toy or a car or a piece of machinery, get away. Store it in a secure location from which you can retrieve it. Make sure it is safe. If you need help in securing a product, call us today. Our investigators and other expert witnesses will need to thoroughly evaluate the product.