How a Lawyer Can Help in a Florida Product Liability Case

When you’re dealing with a claim involving dangerous and defective products, you will be going up against a team of legal professionals who will attempt to silence you and pay you nothing.

This can leave you without a means to pay your bills after the company’s product injures you or your loved one. That’s why it’s important to work closely with product liability lawyers.

An experienced attorney can help you understand your rights and options. Product liability laws can be complex, and you may need to file a lawsuit. Your lawyer can build a strong case while dealing with the insurance companies on your behalf.

Your products liability law firm in Tampa can negotiate a settlement for you or take your case all the way to court, if necessary

Areas We Serve

We offer product liability legal advice from our Tampa office to clients statewide, including the following cities:

  • Clearwater
  • St. Petersburg
  • Ft. Lauderdale
  • Bradenton
  • Key West
  • Brandon
  • Orlando
  • Sarasota
  • Boca Raton
  • Lakeland
  • Naples
  • Fort Myers
  • Cape Coral
  • Miami
  • West Palm Beach
  • Jacksonville

Understanding Florida Products Liability Lawsuits

Filing a products liability lawsuit after you are injured by a defective product requires multiple elements. Your products liability law firm can help you prove liability.

Proving Negligence or Strict Liability

There are different legal theories under product liability, and depending on your situation, you might not need to prove the manufacturer was negligent. In some cases, a strict liability claim can be made, which means the manufacturer is liable simply because the product was defective, unreasonably dangerous, and caused harm.

You must be able to prove certain elements to build a strong products liability case. These include:

  • The product was defective. There was something wrong with the design or manufacture of the product that made it unreasonably dangerous.
  • A product is defective because of a design defect if it is in a condition unreasonably dangerous to the user and the product is expected to and does reach the user without substantial change affecting that condition.
  • A product is unreasonably dangerous because of its design if the product fails to perform as safely as an ordinary consumer would expect when used as intended or when used in a manner reasonably foreseeable by the manufacturer, or the risk of danger in the design outweighs the benefits.
  • A product is unreasonably dangerous because of a manufacturing defect if it is different from its intended design and fails to perform as safely as the intended design would have performed.
  • The defect caused your injury. You weren’t injured because of misuse of the product, and the defect must be directly linked to your harm.
  • You suffered damages. This could include medical bills, lost wages, pain and suffering, or property damage.

Calculating Damages in Products Liability Cases

You must be able to show that you have damages as a result of your injuries. There are two types of damages you might get compensation for in Florida: economic and non-economic.

Economic Damages

Economic damages are those that you can easily place a monetary value on because they represent actual out-of-pocket expenses. It is notable that you can get compensation for past, current, and future economic losses. Examples of economic damages you may be compensated for in Florida include:

  • Medical bills and treatment costs, including ambulance rides
  • Lost wages
  • Home health care services
  • Property damage
  • Cost of future medical care
  • Loss of earning capacity

Non-Economic Damages

Non-economic damages are more difficult to place a value on because they do not represent direct monetary loss. However, you can get compensation for non-economic damages like disfigurement, pain and suffering, mental anguish, and loss of enjoyment of life.

In Florida, you must have a permanent injury to recover non-economic damages. If your loved one died due to a dangerous product, it’s essential that you talk to a lawyer as soon as possible.

The evidence fades quickly and it’s important to submit a claim so that you can have your losses compensated.

Gathering Evidence in a Product Liability Case

To prove that the manufacturer, distributer, or retailer is liable for your injuries, your lawyer will need to gather evidence, which may include:

  • The product itself (do not throw it away or alter it in any way)
  • Manufacturing records
  • Internal company documents
  • Safety reports and manuals
  • Consumer complaints
  • Medical records and doctor’s testimony
  • Expert testimony, including engineers and safety experts
  • Photos and videos
  • Witness testimony

Injured by a Defective Product in Tampa? Call WMW Today.

Recovering compensation in a products liability case can be difficult, especially if you are dealing with your injuries and other losses. You should be focused on getting better while we handle the rest.

At WMW, our experienced Tampa products liability attorneys will compassionately listen to your story, stand by your side, and help you return to normal life as quickly as possible.

We know how to use Florida product liability laws to support the claims in your case.

We're Available — Call Today

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