How To Protect Your Legal Rights When Affected By Harmful Substances In A Product? Dhanashree Kankanwade June 21, 2022 Lifestyle, YMK 323 When you purchase a product, you trust that it is safe to use. However, sometimes products contain harmful substances which can cause injury or illness. If you are affected by a harmful substance in a product, what are your legal rights? We will discuss the steps you can take to protect your legal rights and seek compensation for any damages suffered. So read on to learn more. 1. Seek Legal Assistance The first step you should take if you have been affected by a harmful substance in a product is to seek legal assistance. An experienced lawyer will be able to advise you on your legal rights and options. They can also help you gather evidence and build a strong case. Additionally, you should contact a reputable law firm for more information on the current Paraquat MDL because a lot of these cases have already been consolidated. There are a few things to keep in mind when seeking legal assistance. First, it is important to act quickly as there may be deadlines for filing a claim. Second, you should choose a lawyer who has experience with product liability cases. Lastly, make sure to ask about the lawyer’s fees upfront so there are no surprises later on. 2. File A Claim Once you have chosen a lawyer, the next step is to file a claim. This can be done by filing a personal injury lawsuit or joining a mass tort. If you decide to file a personal injury lawsuit, you will need to prove that the product was defective and that the defect caused your injuries. On the other hand, if you join a mass tort, you will be joining other plaintiffs who have also been affected by the same or similar product. The benefit of joining a mass tort is that it can be easier to prove your case since there is already evidence that the product is defective. Additionally, joining a mass tort can also help minimize your legal costs as the expenses will be shared among all the plaintiffs. Here are steps you should follow when filing a claim: Collect evidence: This can include medical records, bills, and product receipts. Additionally, it may also include pictures of the injuries, witness statements, and expert reports. File the claim: The next step is to file the claim with the court. This can be done by your lawyer or you can do it yourself. Serve the defendants: Once the claim has been filed, you will need to serve the defendants with a copy of the complaint. This can be done by mailing it or delivering it in person. Discovery: After you have served the defendants with a copy of the complaint, they will have an opportunity to respond. The response will typically include denying responsibility or admitting responsibility. The discovery process will then begin which will involve both sides exchanging information and documents. Trial: If your case is not resolved through settlement, it will go to trial. This is where you will present your evidence and witnesses to the jury. 3. Seek Compensation If your claim is successful, you may be entitled to compensation for your damages. This can include medical expenses, lost wages, pain and suffering, and more. The amount of compensation you receive will depend on the severity of your injuries and the impact they have had on your life. If you have been seriously injured, you may be entitled to punitive damages. These are designed to punish the company for its negligence and deter them from engaging in similar behavior in the future. Additionally, if your case is successful, the company may be required to recall the defective product and provide refunds to consumers who have been affected. For example, if you were using Roundup and developed non-Hodgkin’s lymphoma, you may be able to join the mass tort. 4. Consider Your Insurance Policy If you have been injured by a defective product, it is important to check your insurance policy to see if you are covered. Some policies will cover injuries caused by defective products while others will not. Additionally, some policies will only cover certain types of injuries while others will cover all injuries. It is important to read your policy carefully to see what is and is not covered. You should also contact your insurance company to find out what steps you need to take to file a claim. If there aren’t any deadlines, the insurance company may require you to submit a police report, medical records, and other documentation. Medical Records You Will Need If you have been injured by a defective product, you will need to obtain your medical records. This can be done by requesting them from your doctor or hospital. To ensure the safety and confidentiality of your medical records, it’s equally important to rely on HIPAA Compliant Forms. Safeguarding your data through these secure channels helps prevent any potential misuse, emphasizing the need for a robust protective framework in handling sensitive information. Additionally, you should also keep all bills and receipts related to your medical treatment. These records will be important when filing a personal injury claim or joining a mass tort. Bills and Receipts You Will Need In addition to medical records, you should also keep all bills and receipts related to your injuries. This can include hospital bills, prescriptions, and other out-of-pocket expenses. These records will be important when calculating your damages. 5. Contact Someone Who Has Won Such A Case Before If you know someone who has won a case against a company for a defective product, you should contact them. They may be able to provide you with valuable information and resources. Additionally, they may be able to put you in touch with a lawyer who has experience handling these types of cases. In such a case, always consult with a personal injury lawyer. You don’t want a lawyer specializing in family law to take on your case. Additionally, many personal injury lawyers work on a contingency basis, which means they only get paid if you win your case. In Conclusion Your legal rights should always be protected. If you have been affected by a harmful substance in a product, make sure to seek legal assistance as soon as possible. An experienced lawyer can help you understand your rights and options and file a claim for compensation. Remember, it is important to act quickly as there may be deadlines for filing a claim. So do not hesitate to contact a lawyer today to discuss your case. SHARE THIS POST