Client sitting with personal injury attorney

Five Things NOT to Do When Filing a Product Liability Claim

You might think that the monetary value of your product liability case is set in stone at the moment that the dangerous item harmed you, but many things can happen down the road that could take money out of your pocket. Whether you got injured by a design defect in a car, a medical treatment that caused unintended consequences, or a child’s toy that hurt your child, you might be able to sue the manufacturer or distributor for compensation.

A California personal injury attorney can talk to you about your legal options and take on the big corporation on your behalf. Here are five things NOT to do when filing a product liability claim.

One – Do Not Post About Your Product Liability Claim on Social Media

You might think of your social media account as your personal diary that only your invited friends can read, but when you have a pending lawsuit, the defendant could get access to your account. Comments that you will “take the defendant to the cleaners” could cause the jury to think that you are not acting in good faith.

It is best not to post anything at all until after the case is over, even things seemingly unrelated to your claim. Those photos of you having fun with your friends might get used by the defendant as evidence that you are not suffering chronic pain. 

Two – Do Not Throw Away Any Evidence 

Often, the object itself is the best evidence of whether there was a defect. If the item is your car, do not let the insurance company total the car and sell it for scrap. If that happens, it could be impossible to prove your claim.

Sometimes, the packaging is vital evidence. If the manufacturer knew that the item could cause harm and did not warn about the risk, the packaging and printed materials inside the box could help to establish the failure to warn. 

Three – Do Not Miss the Filing Deadline

California does not give you much time to take legal action for personal injuries from defective or dangerous products. If you miss the filing deadline, you could forever lose the right to hold the defendant financially responsible for the harm you suffered.

Four – Do Not Treat Your Product Liability Lawsuit Like a DIY Project

Product liability cases are sophisticated litigation. You would be battling with a large corporation that has full-time lawyers on its payroll. Also, these claims usually involve using expert witnesses like engineers or medical professionals. Many people who try to handle their own lawsuits without an attorney on their side end up settling for pennies on the dollar because they could not afford to continue litigating.

Five – Do Not Disregard Other Possible Defendants

You might have a legal claim for compensation against multiple parties. For example, there could be separate entities who designed the item, manufactured it, marketed it, distributed it, and sold it. If the product passed through different hands in its creation and got to the ultimate consumer, there might be more than one defendant who could be liable. You do not have to go through the experience of a product’s liability claim or lawsuit by yourself. A California personal injury attorney could handle your case so that you can get the rest that you need to recuperate. Get in touch with our office for legal assistance, we offer a free consultation.