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Many victims are overwhelmed with questions after they are hurt by defective products. We have compiled many common questions about metal hip implants, dangerous drugs, and defective medical devices, and provided the answers on our FAQ page. Browse or search here to learn more about your injury claim!

January 18, 2018

How does the litigation process work?

There are many steps between filing an injury claim and collecting compensation. Some cases may be settled in a matter of months, while a few may take a year or more to be resolved. In order to have the best chance of winning your case, you should know what is involved in the injury litigation process, as well as how you can strengthen your claim to get maximum compensation.

How the Product Liability Claim Process Works

The first step you need to take is to determine whether you have a valid claim. Your attorney should gather all of the evidence in your case and see if there is a clear line of causation between you injury and the manufacturer’s negligence. While every case is different, the four major factors in product liability claims include:

  1. Injury. You must be able to show that your injury caused monetary loss. A superficial injury that did not require you to miss work is likely not compensable, but an injury that caused hospitalization, follow-up medical care, lost income, and permanent disability is much more likely to qualify for compensation.
  2. Negligence. You must be able to show that the manufacturer of the device was somehow negligent. Negligence comes in many forms, including designing a defective product, failing to properly test a device before selling it, failing to notice problems during the manufacturing process that could cause injury, and failing to provide adequate warnings to consumers about the risks of injury.
  3. Cause. Not only must you be able to show negligence, you must be able to demonstrate that the negligence specifically led to your injury. This is a difficult argument to make and is best done by an attorney.
  4. Damages. If you win your case, the court will decide how much money you deserve for the injury. Most consumers are awarded compensatory damages, which cover your direct financial losses for lost wages, surgeries, hospital stays, permanent injuries, and future medical bills. If your injuries have significantly impacted your daily life, you may be awarded an additional sum for your pain and suffering.

You Only Have a Short Period of Time to File Your Claim

There are time limits that affect your ability to file a claim, called the statute of limitations. These limits vary depending on the state where you live (or the state where the claim is filed). In most cases, patients have between two and three years to seek compensation; after that, they lose the right to sue the manufacturer forever. We help clients nationwide file injury claims and we collect no legal fees unless we win your case. Call the number on this page today to find out how we can be of service!

call 1-866-832-9300 today for a free consultation

Contact our firm for a free consultation

Call us at 1-866-832-9300

McGartland Law Firm

Put A Top-Rated & Award-Winning Attorney To Work For You

30+ Years of Experience
Board Certified in Civil Trial Law
$1B In verdicts and settlements
experts in negligence related injuries
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