The more serious the injury, the more important it is that you consult with an attorney, even before you attempt to resolve your claim on your own. Many times, injury victims will contact the manufacturer of the malfunctioning product to seek a refund. The manufacturer will then request that you send them the defective product.
There are two problems with this:
1. Any refund the manufacturer gives you will not cover the cost of medical care caused by their defective merchandise.
2. If you send in the defective product, you will no longer have evidence of the defective product, and it will become more difficult to prove that it was their product that caused your injuries.
Preserving Evidence Is Essential
We’ve talked about this in the past, but want to remind you of the importance of preserving your evidence. In order to have hope of winning a products liability case, your attorney must be able to prove that the product in question was in fact defective.
What does this mean? You must retain the item in question so it can be properly examined and determined that it indeed caused your injuries. Do not contact the manufacturer; do not get the product repaired. Set it aside and let us prove that the manufacturer was liable.
If you a loved one has become injured, then it is important for you to ensure the owner of the item in question fully understands the importance of maintaining evidence.
Remember: if you discard or return a defective product that is responsible for your injuries, then it will be extremely hard to prove your case.
Preserve the evidence and gather enough information yourself; including: photographs of the defective product, and document exactly how the accident occurred. Be sure to photograph your injuries as well. If you have witnesses to your accident, ask for their contact information, as it may be necessary for an attorney to collect necessary details of the incident.
Contact our attorneys at the Beattie Law Firm attorneys at 515-263-1000 for a free consultation to find out if you have a case.