At HHJ Trial Attorneys, we have a reputation for going above and beyond to help families that have experienced unimaginable loss. We understand the devastating effects of losing a loved one and the profound emotional turmoil that can result from a premature death caused by a defective product.
While no legal action will ever truly make up for such injustice, a wrongful death lawsuit may provide the financial support you need. This blog discusses what you need to know about product liability and wrongful death lawsuits to equip you with the knowledge to seek the compensation you deserve.
What Is Product Liability?
Product liability is an area of law that holds companies responsible for putting defective products into the hands of consumers. Product liability claims typically fall into three categories:
- Design defects refer to inherently dangerous products due to a flawed design.
- Manufacturing defects occur during the production process.
- Marketing defects include products that do not have proper instructions or hazardous products that don’t have adequate warnings about potential harm.
What Product Defects Can Cause Wrongful Death?
Defective products can lead to fatalities in numerous ways. In the automotive industry, faulty airbags or improperly placed gas tanks can result in deadly accidents. Household appliances with electrical defects can cause electrocutions and fires, and even medical devices intended to save lives can fail due to flawed designs or manufacturing errors.
There are countless products that, when manufactured or sold irresponsibly, can lead to lethal consequences. In these situations, wrongful death lawsuits are a way for the surviving family of the deceased to find justice and seek compensation for their losses.
Who Can Be Sued for Product Liability?
Several parties may be liable in a wrongful death lawsuit involving a defective product. These include manufacturers, component suppliers, wholesalers, retailers, designers, and business owners. The specific defendants named in a case will depend on the nature of the defect and the product’s journey from ideation to consumer. To prove a party’s liability, the plaintiff must provide proof of four key elements:
- The product was defective due to design, manufacturing, or marketing errors.
- The defect directly caused the death.
- The product was used as intended.
- The deceased person’s surviving family suffered damages as a result of the death.
What Damages Can You Recover in a Product Liability Wrongful Death Case?
When seeking compensation in a wrongful death lawsuit, the plaintiff may receive remuneration for several damages. Depending on the person filing the claim, these damages may include:
- Medical expenses incurred before death
- Funeral and burial costs
- Lost future income and employment benefits
- Loss of companionship
- The deceased’s pain and suffering before death
- Loss of parental guidance
- Loss of financial support
- Punitive damages, which aim to punish extreme negligence
What Should You Consider Before Filing a Wrongful Death Lawsuit?
Wrongful death lawsuits often involve numerous complex legal considerations, such as the statute of limitations, which can vary depending on state law. The plaintiff’s relationship to the deceased can also affect their eligibility to file a lawsuit. Sometimes, they must provide evidence of their relationship to proceed with the lawsuit.
Determining the appropriate jurisdiction to file the lawsuit can also present some complications, mainly when the manufacturer is based in a different state or country. Due to the potential for legal hurdles, it is typically discouraged to pursue a wrongful death lawsuit without professional legal representation.
How Can a Wrongful Death Attorney Help With a Product Liability Case?
Often, a wrongful death lawyer can make the difference between a successful settlement agreement and a lengthy legal battle. A skilled attorney can investigate the circumstances surrounding the death, identify the potential defendants, and work tirelessly to gather and preserve crucial evidence. An attorney will also be responsible for various other aspects of the lawsuit, which can include:
- Working with eyewitnesses to prepare them to testify
- Finding expert witnesses to provide their expertise on the case
- Negotiating with the defendant’s legal representation and insurance providers
- Navigating complications within the legal framework of a wrongful death case
- Representing the plaintiff in court should the case go to trial
An attorney’s training, experience, and expertise can be invaluable in building a solid case that results in justice and fair compensation for the surviving family.
How Can a Lawyer Help After a Product Liability Death?
If you have lost a loved one due to a defective product, it is essential to know that you do not have to face the legal landscape alone. Our experienced product liability attorneys have won numerous wrongful death lawsuits and are passionate about the role they can play in a grieving family’s path to closure.
Contact HHJ Trial Attorneys to schedule your consultation so we can discuss your options. Time is of the essence in these cases, so don’t wait to reach out. We will guide you throughout the process so you can focus on honoring the memory of your loved one. Your fight for justice may even help prevent similar tragedies in the future.
