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Five ways to win your product liability case

  1. Save the product or pieces of product that caused your injury. If a bottle exploded, keep the glass from the bottle. If an e-cigarette exploded, keep the e-cigarette. Keep as much as you can about whatever it is that caused you to be injured. Put it in a bag and keep it in a safe place. This is critical and important evidence in your case. It is going to be analyzed by engineers and safety experts. Without this evidence, you basically don’t have a case.
  2. Photograph the product or whatever it is that caused you injury. Photographs of it are helpful to easily share information about the product. You can forward the photos to me or any other attorney you are consulting with. Photograph the pieces. Photograph any serial numbers. Photograph as much as you can about the product so that you can easily forward photographs to the attorney when your first consulting.
  3. Photograph injuries including bruises. It is important to document all injuries like bruises and cuts and scrapes. Photographs are far more compelling than a medical record that coldly states you suffered a contusion or laceration. Sometimes even a minor bruise is evidence of a more major internal injury.
  4. Get all witness information and check for cameras. Get all the information you can about any witnesses including phone number, email, work, home address etc. Witnesses disappear. You cannot go to court and tell a jury, “But there was this witness that said I was right.” A judge won’t allow it. Independent witnesses are very important and can be the main reason why a jury will find in your favor. Also check for cameras. They are very prevalent in today’s society.
  5. Go to the doctor. It’s very important that you go to a doctor as soon as possible and have them treat and document your injuries. I know some people put it off because going to an emergency room at a hospital can take too long. I have found that a local urgent care can be just as effective. If there is a major medical injury requiring immediate medical assistance go to the ER. If you are sore and unsure if you are injured, consider the urgent care. The medical provider will also document your injuries so that later on when the case is in court, people reviewing your medical treatment can use it to confirm you were in pain. This is very compelling and powerful evidence and I don’t recommend you try to tough it out and not go to the doctor.

As you can see, the key to getting the most for your case is collecting evidence early on.