If you or a family member were using a tool, device, chemical, or any manufactured product that caused you or them harm, you may have grounds for a product liability claim. Product designers and manufacturers have a duty to ensure their items do not cause preventable injuries to consumers. The area of law that handles these cases when injuries occur is known as product liability.
Hammack Law Firm would like to help our friends and families in Oconee County get the compensation they need and deserve. Our Seneca product liability lawyer can evaluate your legal options with you today for free. We know how to develop a claim for victims of defective products, holding the liable parties accountable.
Recovering Money Damages in Product Liability Cases
When we file a claim in a product liability case, our goal is to hold the at-fault party or parties accountable for our client. This goal allows us to recover compensation for you and your loved ones, ensuring they do not have to pay their medical bills, financial losses, and other costs on their own.
We generally recover financial compensation for our clients through a settlement with the liable party’s insurer (most common) or a product liability lawsuit, in this case in an Oconee County civil court. This money compensates you for their related damages, including:
- Medical bills and expenses, current and future
- Lost income
- Diminished earning capacity for ongoing disabilities
- Other related expenses and losses
- Pain and suffering damages
- Disability and disfigurement
- Other non-economic damages
While rare, punitive damages are sometimes recoverable in these cases. South Carolina has caps that could apply in your case.
Wrongful Deaths Caused By Defective Products
If you have lost a loved one because of a defective product, please accept our utmost condolences. There are options available to you and your family. Under S.C. Ann. § 15-51-10, surviving family members have a right to recover wrongful death damages.
When Hammack Law Firm handles these types of claims, we seek and recover damages that include:
- Funeral and burial costs
- Loss of income that the decedent would have earned
- Loss of services
- Any economic damages suffered by the decedent left to the family
- Intangible losses to the surviving spouse, children, and/or parents
South Carolina only allows the decedent’s personal representative to file wrongful death claims. This representative is generally the executor of their will. Our team will review your options and help you identify who can act.
For a free legal consultation with a product liability lawyer serving Seneca, call 864-326-3333
Our Product Liability Attorneys Fight for Justice for Our Clients in Oconee County
South Carolina is our home just as much as it is yours, and we want to make it safe for all of us. You’re not just a client to us. We want you to think of us as friends and family. Our personal injury attorney in Seneca wants to represent clients like you who have suffered injuries because of a defective product.
As a client, we will give you the individual attention and time, as well as resources, to hold the negligent parties accountable. We seek financial compensation for every client we represent. You can expect a big firm experience with a small firm feel. Plus, we are a contingency fee law firm. If you do not win, then we won’t charge you.
Seneca Product Liability Lawyer Near Me 864-326-3333
Building a Product Liability Case is Complex
Identifying the liable party in a product liability case can be difficult. Sometimes the product was designed, manufactured, and distributed by one company. However, this is not always true. In some cases, it is hard to know when the defect occurred and how various entities designed it, made different parts, assembled it, made marketing materials, and sold it.
Our team will investigate to determine the defect, when it occurred, and who is liable. In general, a problem can occur with a product in one of three ways:
- During design
- During manufacture
- Failing to provide adequate warnings or necessary instructions
While almost any product can be dangerous or defective if there is an issue, some of the most common include:
- Auto parts and components
- Household appliances and tools
- Children’s items and toys
- Medications and medical devices
When our team takes on a case, we begin working immediately to protect the client’s rights and determine what happened. Our service includes:
- Obtaining the product in question, when possible
- Gathering police reports, medical records, and other documents about the case
- Interviewing witnesses
- Working with experts to prove negligence, liability, and value the damages
- Handling all communication with the insurer and liable parties
- Preparing insurance claims and demanding a fair payout
- Suing if needed
If we need to sue to force a better offer from the insurer, we generally have up to three years to file the initial paperwork for a lawsuit under S.C. Ann. § 15-3-530. Some exceptions could shorten this period, though.
A vital step in the claims process is identifying the liable party or parties. This step can be challenging because we have to precisely understand what happened and where it occurred in the production chain.
It is essential to know that we do not have to prove a product is defective to recover compensation for our clients. There does not have to be a product recall or other actions, and the companies do not have to admit a problem with their item. Instead, we can build our case on one of the following theories:
- Strict liability: Companies are strictly liable for the injuries caused by the normal use of their products. We do not have to prove what caused the problem, only that it exists and our client suffered injuries.
- Negligence: The company acted carelessly or recklessly, and this caused a problem with their product, which led to our client’s injuries.
- Breach of warranty: The company designed and marketed the product to work specifically, but it failed to do so.
In some defective product cases, a company may lead consumers to believe their product works and is safe through unethical means, including lying or omission. When this occurs, punitive damages are more likely.
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Contact Pur Seneca Law Office for Help with Your Product Liability Claim Today
Discuss your injuries and legal options for free today with the team from Hammack Law Firm. Our team serving Oconee County wants to help you get back with your family and loved ones. Be sure to also check our Google reviews to see how our clients feel about our service.
Call (864) 326-3333 to learn more today.