A defective product can put you and others in danger. If you are injured due to a faulty product, hold the liable party accountable. Meet with a product liability lawyer in Reno, as they will give your case their undivided attention. Your attorney will learn about your injuries and explain what you can do to secure compensation from the at-fault party.
Shook & Stone Injury Lawyers has served over 30,000 clients. As you consider your legal options following an accident involving a defective product, we encourage you to discuss your case with a Reno personal injury lawyer from our team. To get started, request a free case consultation.
How a Lawyer Can Help You with a Product Liability Case in Reno
Talk with a product liability attorney in Reno to find out if you have a legitimate case for compensatory damages. Your lawyer will explain what a product liability case entails. If warranted, they will represent and advocate for you throughout the claims process.
Your attorney can teach you about strict product liability and other case topics. Meanwhile, if a liable party’s insurance company offers a settlement, you can review the proposal with your lawyer. If the proposal is less than what you want, your lawyer can negotiate a settlement on your behalf. Or, your lawyer can bring your case to trial.
The team at Shook & Stone Injury Lawyers offers FAQs and other resources to those injured due to faulty products and their families. If you want to move forward with a product liability claim or lawsuit, we’re here to help. Contact us today.
When to Submit a Product Liability Claim
Based on Nevada Revised Statutes (NRS) 11.190, you may have up to two years from the date of an accident involving a defective product to seek compensation from any responsible parties. After this time frame ends, you may be liable for all of your accident losses.
Your Reno product liability lawyer can submit your claim in alignment with Nevada law. Once your claim is filed, your attorney can engage in settlement negotiations with an at-fault party’s insurance company. These negotiations may go back and forth until you get a settlement that provides you with adequate compensation.
Unfortunately, settlement negotiations sometimes go nowhere. If you don’t get a reasonable settlement, your personal injury attorney may advise you to take your case to trial. At this time, your lawyer can argue your case to a judge or jury and make it clear to them why you should recover compensatory damages.
Compensation That You Can Get in a Product Liability Lawsuit
Prior to filing your lawsuit, your lawyer may use a personal injury settlement calculator to determine what your case is worth. They will account for your quantifiable and subjective losses as they prepare your case for trial. Reasons a judge or jury may award damages include:
- Medical expenses
- Loss of income
- Diminished earning capacity
- Pain and suffering
- Emotional distress
- Burial and funeral expenses if you lose a family member in a fatal defective product accident
When you ask for these and other damages, you may be responsible for meeting the burden of proof. If you have a wide range of evidence at your disposal, it becomes increasingly likely that a judge or jury will see that your case is valid. As such, your evidence may help you compel a judge or jury to give you a favorable ruling.
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The Role of Negligence in a Product Liability Case
Saying that a party is responsible for injuries that you’ve suffered due to a defective product is insufficient. If your lawyer argues your case in court, they will highlight how the at-fault party acted negligently. To prove this point, your attorney may focus their argument on the following elements of negligence:
- Duty of Care: When someone has a duty of care, they’re expected to take measures to keep others safe.
- Breach of Duty of Care: Someone violates their duty when they commit an act that most people would classify as reckless or careless.
- Causation: This party’s decision to breach their duty of care leads to your accident involving a faulty product.
- Damages: You incur losses because of this party’s violation of their duty of care.
Photos of the defective product, videos of your accident, witness statements, and other evidence can help you prove that an at-fault party was negligent. If you have an abundance of proof, a liable party may struggle to contest your case. Thus, they may be inclined to offer a fair settlement before your trial date.
How Modified Comparative Negligence Can Impact the Outcome of Your Defective Product Case
Per NRS 41.141, you may have to deal with the implications of modified comparative negligence in your faulty product case. With this, a judge or jury may rule that you’re partly responsible for your defective product accident. In this situation, you may be awarded partial damages or none at all.
For example, you are injured because of a defective product. You sue the manufacturer, but a judge or jury rules that you were careless with the product. Therefore, the court says you were 20% liable for your accident and injuries. Due to modified comparative negligence, you may receive 80% of the damages that you originally requested.
Now, look at what can occur if a judge or jury rules that you were primarily liable for your defective product accident and injuries. In this scenario, you are found to be more at fault than anyone else. Since modified comparative negligence applies, you may be barred from getting damages and be solely responsible for your losses.
We Want to Be Your Law Firm for Life
Shook & Stone Injury Lawyers is unafraid to stand up to manufacturers, retailers, and other parties that may be responsible for your faulty product accident.
Allow a Reno product liability attorney from our team to evaluate your case. We can describe what to do to put yourself in a great position to obtain damages from any liable parties. Schedule a free case consultation.
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