An injury caused by a defective product can turn your life upside down in an instant, resulting in pain and the stress of mounting bills. While the situation can feel overwhelming, it’s important to take the right steps early on to put yourself on a good path, including:
- Getting medical treatment immediately
- Staying off social media
- Preserving the product
Below, we’ll explain why each of these steps matters and share some additional tips to help you get started if you’re dealing with a defective product claim.
Get Medical Treatment Right Away
One of the most important takeaways if you’re injured by a product is to go get medical treatment as soon as possible. Your first medical record plays a critical role in any product liability claim, as it serves as a key piece of evidence documenting both your injuries and how the accident occurred. This record often becomes the foundation of the claim, which is why the step is so essential.
Because of this, it’s important to be accurate and consistent when explaining what happened. If something contradictory appears in your medical records, it’s often one of the first things a manufacturer or their insurance company will look for to use against you later. They may point out, “You told the doctors one thing in the emergency room, and now you’re saying something different.”
Many people don’t have the opportunity to review their medical records right away or confirm exactly how their statements were documented. For that reason, be mindful of the details you share with medical providers when seeking treatment, as any inconsistencies may be used against you.
Stay Off Social Media
The second most important thing our team recommends is to stay off social media. We know that nowadays everyone is quick to take photos or videos of an incident and post them to the world at large. However, we suggest not sharing any photos or videos or blasting manufacturers that you think did something wrong that hurt you. We’d recommend staying off social media because all that will do is be more information that can be used against you in the future.
Here are some key statistics to consider:
- Research from the U.S. Ninth Circuit Court of Appeals and California Court of Appeals shows a 350% increase in federal cases using social media evidence from 2010 to 2017, and a 3,933% increase in state cases from 2007 to 2017 (ScienceDirect).
- An analysis of state and federal court decisions across the United States identified approximately 500,000 cases where evidence from social networking sites like Facebook, LinkedIn, X/Twitter, Instagram, YouTube and TikTok played a significant role in litigation matters during a twelve-month period (PageFreezer).
Preserve the Product
The last tip we’d offer is to remind you that it’s vitally important to save the product that caused the injury. Without the product, it’s nearly impossible to prove a product liability case.
Why Keeping the Product Is Critical
It’s very important to keep the product itself because you will need it as evidence to support your claim against the manufacturer. A company’s experts will know the product better than anyone, so you will have to familiarize yourself with the product and be able to examine it so you can tell the jury how this specific unit is defective.
Without the product itself, nothing can be tested or measured, and you won’t have anything that can be examined by experts in the field who could assess its condition. So, without the product itself, it’s nearly impossible for a plaintiff to show how it was defective, which is of course our burden of proof in a trial since a plaintiff needs to show by a preponderance of the evidence that the product was defective.
When Product Liability Cases May Not Be Worth Pursuing
The reality of these situations is that many times we do get contacted by people who are injured by defective products. In many cases, the injury won’t be significant enough for it to warrant a product liability lawsuit. There are many times during the product liability claim process when we let individuals know that, yes, they were hurt and we believe the product was defective. However, it would be cost prohibitive for them to bring a case because, thankfully, they’ve had a good recovery.
When an individual suffers no long-standing issues, there’s no additional treatment to be had. In such cases, we’ll have an honest conversation with them, letting them know that unfortunately any lawsuit would cost more than what we would ever get out of the manufacturer and be cost prohibitive.
Product Injury Resources
Get a Free Consultation Today
The product liability claim process can be lengthy, and that’s why you need our attorneys to help comb through the necessary documents and prove the product was defective. We know the complexity of Indiana laws and will investigate the circumstances of your case, gather evidence, negotiate with insurance companies and their lawyers, and take your case to court if necessary.
If you believe you have a defective product claim, contact our team today to schedule a free, no-obligation consultation and learn how we can help protect your rights.