If you were injured by a product, such as a medical device, prescription medication, car part, or power tool, you may be eligible to file a claim for compensation. However, you should discuss this complex situation with a licensed attorney to find out your next steps.
With over 27 years of practice, our firm has obtained more than $1 billion in compensation for Arizona injury victims. That includes a $23 million settlement in a defective drug case involving Vioxx. Founder, Jeff Phillips, is an award-winning attorney who is a member of several well-known legal organizations and has served as lead counsel in more than 40 jury trials.
Our Avondale product liability lawyers are ready to meet with you in a free consultation to discuss your claim and answer your questions. There is no obligation to take legal action if we validate your claim and no upfront fees for hiring one of our attorneys to represent you.
Contact our firm to set up your free consultation. 602-222-222
Do I Have a Valid Case?
If you were injured because of one of the product defects listed below, you may have a valid case for compensation. Our attorneys need to discuss the situation with you in a free consultation to properly validate your claim.
Defective Design
This means the design of the product made it unreasonably dangerous for consumers. Your attorney must prove the manufacturer should have known the design was dangerous and would cause an injury. He or she must also establish that there was an alternative design that could have been used and this design would still have been cost-effective.
Manufacturing Defect
A problem during the manufacturing process caused the product to become unreasonably dangerous. This type of defect usually affects a batch of the product rather than the entire line of products.
Marketing Defect
When a product lacks clear warnings and instructions on safe usage, consumers can suffer an injury and the manufacturer could be held liable for damages, if the product was used for its intended purposes.
There are multiple parties that could share liability for a defective product injury, including distributors, wholesalers, retailers and other parties in the supply chain.
Call our firm to learn more about your legal options. 602-222-222
Liability in a Defective Product Case
In any personal injury case, including a defective product case, your lawyer must prove another party is liable for your injury. While most personal injury cases apply the legal theory of negligence to determine liability, there are two other legal theories that may apply in a product liability claim, including strict liability and breach of warranty.
Strict liability is used often in product liability cases. Essentially, victims just need to prove the product was defective and the defect caused an injury. You do not need to prove the defect resulted from negligence of the manufacturer or product designer.
Breach of warranty means the manufacturer or retailer violated an express or implied warranty and this led to your injury. An express warranty is often on the product packaging or instructions, while an implied warranty applies to most products and means the product should be safe if used as intended.
Negligence means there was a breach of a duty of care owed to the victim and this directly led to an injury that caused damages. A duty of a care is a legal obligation to take reasonable steps to help prevent an injury to someone else. Your lawyer will need to prove that the breached duty of care directly led to your damages.
We are prepared to provide legal help. Call 602-222-222 today.
How Much Could My Case Be Worth?
Generally, the more severe an injury, the more a case could be worth. This is often because a more severe injury requires long-term medical treatment, and the cost of this treatment can add up quickly. Severe injuries can also cause long-term pain and suffering and have a negative impact on a victim’s ability to continue working and earning the same salary as before the injury.
In an injury claim, there are three types of damages: economic, non-economic and punitive. The first type refers to out-of-pocket costs from an injury, like medical bills, lost income and property damage. The value of these damages is based on bills, receipts and other similar documentation.
Non-economic damages refer to pain and suffering and things like loss of companionship and loss of enjoyment of life. The value of these damages is more difficult to assess because it is subjective. Attorneys often rely on victims’ accounts of pain and suffering and testimony from doctors and other expert witnesses.
Punitive damages are rarely awarded and are reserved for cases where there was gross or intentional negligence. Courts award these damages to punish negligent parties and help deter them from engaging in similar conduct in the future.
Call one of our Avondale product liability attorneys today. 602-222-222
Benefits of Hiring an Attorney to Represent You
For more than 27 years, our attorneys have been dedicated to helping Arizona injury victims recover fair compensation for the damages they have suffered. We are prepared to manage the entire legal process on your behalf, which may include investigating the product that caused your injury, researching other claims against the manufacturer, interviewing witnesses, consulting expert witnesses, and negotiating for fair compensation.
We are always prepared to go to trial when necessary, as our goal is to recover maximum compensation for our clients. We know how important compensation can be to your financial future, and how it helps victims obtain the treatment they need to make the best recovery possible, given their injuries.
While there are no guarantees in the legal process, studies have shown victims who hire attorneys often recover more compensation than those who do not.
What is the Deadline for an Arizona Product Liability Claim?
Product liability claims are subject to Arizona’s two-year statute of limitations ”“ failure to file your claim within two years of the date of injury means you may lose the right to file a lawsuit.
While this is the standard deadline, there can be exceptions that could either lengthen or shorten the period of time in which you can file a claim. As this is a complex issue, it is important to talk to your Avondale product liability lawyer about how much time you have to file. It takes time to investigate these claims, so it is important to contact an attorney as soon as possible.
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Types of Defective Products
There are many products that can cause injuries to consumers, from prescription medications to treat serious medical conditions to automotive parts and household cleaning products. Some other examples of products that could be defective include:
- Medical devices (joint replacements, blood clot filters, hernia mesh, etc.)
- Toys for children
- Machinery used in factories or on construction sites
- Appliances in the home (stove, water heater, air conditioning, etc.)
- Vehicles
- Safety equipment
You may be eligible to seek compensation, so it is important to talk with a licensed attorney about your injuries.
Contact One of Our Avondale Product Liability Lawyers Today
It is normal for injury victims to be unsure about whether they have a case. There are many factors to consider, including state laws and legal theories.
Contacting a licensed attorney can be an important step after suffering an injury. The attorneys at Phillips Law Group have in-depth knowledge of the process and factors involved in a product liability claim and how to determine if a victim has a valid case.
Our firm has a proven track record of success, having recovered hundreds of millions in compensation on behalf of our clients. There are no upfront fees for having us represent you and your initial consultation is completely complimentary .
Phillips Law Group. Experienced lawyers working for you. 602-222-222