Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jun 19, 2018

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If someone is injured by a defective product, they should seek the advice of a defective product attorney immediately. A defective products attorney will be able to advise a victim about the type of product liability claim to sue under, the potential defendants to sue, and how much the victim can expect to recover in damages.

What a Defective Product Attorney Will Do for You

The reason it is crucial to contact a defective product attorney immediately after an injury is because the initial investigation of the injury-causing event is critical to the potential success of a product liability lawsuit. An experienced defective products attorney will be able to advise a victim or a victim’s family about which evidence must be collected and preserved for use in a potential trial. In addition, an attorney will seek out and interview appropriate individuals who may have witnessed the injury-causing event or participated in the manufacturing or sale of the defective product. Expert witnesses can have a major impact on the outcome of product liability lawsuits and experienced defective product attorneys will know where to find the most reputable experts and the appropriate questions to ask them. Finally, a defective products attorney will also speak on the victim’s behalf to any insurance adjusters if the victim’s property or home was damaged by the product.

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What Must I Provide My Defective Products Attorney?

Proof. To establish a claim for product defect, the victim will need to provide his or her defective product attorney all the information he or she has about the product, as well as the product itself (if that is possible).The victim should also provide his or her defective products attorney all of the sales information regarding the product, such as where and when he or she bought it. In addition, any literature or manuals which came with the product, or any photographs taken of the product, the location of the injury-causing event or the injury itself, should be turned over to a defective product attorney.

A defective products victim should also collect and provide for medical records, work records if he or she lost time from work, and any other documentation to support a claim of property damage (i.e. receipts for damaged clothing, dry cleaning bills).

How Much Will a Defective Products Attorney Cost?

Most product defect cases are handled on a contingency fee basis, which means the attorney only recovers if the case is successful. If the case is successful, the fee consists of a portion of the award or settlement. The plantiff does not pay a defective products attorney on an hourly basis, and in many states, the attorney may even advance the expenses of a lawsuit, including the costs of expert witnesses. However, some states and some attorneys require that a plaintiff pay the costs associated with pursuing a lawsuit up front or as incurred.

Product liability cases can be very expensive. While a plaintiff may not have to pay the attorney a fee if there is no recovery, they may be responsible for costs (including expert witness fees) if they do not win the case. Discuss the responsibility to pay fees before retaining a defective products attorney.