If you have been harmed by a defective product you may be compensated for your injuries. Product liability law encourages companies to design, build, and market safe products and when a product is not safe consumers may have legal recourse.
A defective product can be almost anything -- vehicles, medical devices, toys, dangerous drugs, machines -- and the flaw can be in the design or manufacture of the product. If someone suffers a personal injury while using the product, he or she can file a claim against the manufacturer and possibly its suppliers.
If you were injured, you will need to hire A McHenry County attorney specializing in product liability cases. The attorney will develop evidence and witness accounts to build your case and bring in an expert to testify about faults in the product's design or manufacture to bolster your case.
Much like a personal injury lawyer, a product liability lawyer represents people hurt or made sick by dangerous and defective products. A product liability attorney will negotiate a settlement on your behalf or represent you in court if your case needs to go to trial.
Product liability cases cover nearly any injuries or illnesses caused by dangerous or defective consumer products. Some common examples include claims involving home appliances, power tools, swimming pools, children's toys, car parts, and prescription drugs. Claims are usually made against manufacturers of the products, companies that assemble or install products, or retailers that sell them.
Products are supposed to come with specific warnings about any potential dangers, such as choking hazards on children's toys. The defense will investigate whether you were using the product in a way that ignored any clearly stated warnings. Manufacturers may also try to argue that they could not have foreseen certain dangers.
No matter what your legal issue may be, it is always best to seek legal help early in the process. An attorney can help secure what is likely to be the best possible outcome for your situation and avoid both unnecessary complications or errors.
Prepare for your consultation by writing down notes of your understanding of the case, jot down questions and concerns for the attorney, and gather your documents. Remember that you are trying to get a sense of whether the attorney has your trust and can help you address your legal issues. Questions should include how the attorney intends to resolve your issue, how many years he/she has been practicing law and specifically practicing in your area, as well as how many cases similar to yours the attorney has handled. It can also be helpful to broach the subject of fees so that you understand the likely cost and structure of your representation by a specific attorney and/or legal team.
Bill by the hour: Many attorneys bill by the hour. How much an attorney bills you per hour will vary based on a number of factors. For instance, an attorney's hourly fee may fluctuate based on whether that hour is spent representing you in court or doing research on your case. Attorneys in one practice area may bill you more than attorneys in a different practice area.
Contingent fee: Some lawyers will accept payment via contingent fee. In this arrangement, the lawyer receives a percentage of the total monetary recovery if you win your lawsuit. In sum, the lawyer only gets paid if you win. Contingent fee agreements are limited to specific practice areas in civil law.
Flat fee: For "routine" legal work where the attorney generally knows the amount of time and resources necessary to complete the task, he/she may be willing to bill you a flat fee for services performed.