People are injured by defective products more often than most realize. The type of products commonly associated with poor status ranges from vehicle parts to bad food supplies, resulting in products being pulled immediately from shelves. Perishables are always on the list but tend to occur in quicker time-frames. And, companies who are liable tend to react in a quicker fashion. Nonetheless, these are defective products, and people who get sick from their use are often entitled to personal injury claims even though many do not pursue this financial damage recovery opportunity. Non-perishable products are different from food because of the recalls last longer, and many times it takes several unexplained accidents before defective products are considered as potential causes.
Also, most manufacturers usually defend against the claims more aggressively. Regardless of the situation, it is always necessary to have an experienced Orange County personal injury attorney representing your case.
Why Personal Injury Cases Are Different
Personal injury cases are different from typical personal injury claims because manufacturers are held to strict liability standard when the case goes to court. Strict liability means that plaintiff attorneys are not required to prove negligence by the manufacturer, although some cases do go to court when the attorney thinks they can prove gross negligence because a sympathetic jury may issue a punitive damage award in addition to compensatory damages.
Ongoing Personal Injury Claims
Some products that have a history of being toxic and causing injuries have already been proven in court and been set up with trust funds to deal with claims, many times not even having to go to court in any fashion. Asbestos is a product that falls in the category, as anyone who has worked in asbestos exposure situations must only be diagnosed before retaining an attorney. Established trust claims can still be difficult cases because the trust administrators have determined parameters for valid claims, so having an experienced Orange County personal injury attorney is still vital.
Isolated Defective Product Cases
Other manufacturers and businesses who defend isolated cases are considered by the state of California as liable for their products when they are put on the market. This means that attorneys must only prove an injury occurred to their client and the manufactured part was either directly or indirectly the cause of the injury. It is not necessary for an attorney to prove negligence against the manufacturer as in a standard personal injury claim.
A novice injured victim who attempts handling a personal injury claim personally is rarely successful because the rules of litigation still apply. For an equitable settlement, it is always necessary to retain an experienced personal injury law firm in Costa Mesa, California.