And though in some cases Workers’ Comp can sufficiently pay for these damages, in the long run, it probably doesn’t cover them all — especially pain and suffering, total lost income if you cannot ever work again, and the many ancillary bills you incur during your recovery.
And what happens if you were injured by faulty or improperly maintained machinery you must operate as part of your job duties? Does your employer pay for those expenses? No. But you do have a very effective option that can fully compensate you for all damages not covered by Workers’ Comp. It’s called a “third party lawsuit,” a defective product civil claim against the company that manufactured – or maintained – the faulty equipment that injured you. With the help of the seasoned defective product injury attorneys with the Billy Johnson Law Firm, you could win all financial damages associated with your injury or a loved one’s wrongful death.
How a Defective Product Claim or Lawsuit Works
There are two types of product liability cases. The first proves actual negligence by the manufacturer in the way the product was designed, produced, marketed, or its failure to warn of product flaws. Or, there might have been negligence by a company or person who was supposed to maintain the device. The other avenue to compensation involves “strict liability” — that the machine which injured you is inherently dangerous to begin with and should never have been made or sold.
If you believe your on-the-job injury was caused by defective machinery, you must meet the following conditions in order to have a successful product liability lawsuit:
- You were using the device in the manner intended.
- You followed all of the machine’s directions for use, warning labels and any accompanying literature.
If you meet the above conditions and were not properly warned of these unanticipated dangers, you may have a strong product liability case and should speak with an experienced product liability lawyer without delay in order to seek compensation for your injuries.
What if I’m one of Many who is Suing This Manufacturer: Will They Pay Attention to Me?
There are remedies for similar lawsuits against the same manufacturer of defective products: class action lawsuits and mass torts. Both address this challenge, but in different ways.
A class action (also called class suit, or representative action) is a type of lawsuit where one single party in a group of people represents the entire group for the record and asks for enough damages to be divided by all in that group
A mass tort on the other hand finds many similar defective product cases against the same manufacturing defendant being grouped together, even though the court is handling each individual claim. A mass tort allows the judges and lawyers to address all the procedural issues at once. This often results in expediting the legal process for your case once all procedural items are established.
It may be beneficial for you and your defective product lawyer to join a mass tort, especially if a large corporation is the defendant. Because it’s often difficult to get a manufacturer’s attention with just a single lawsuit; if given the choice between a class action and a mass tort — for example, against a large manufacturer of industrial machinery – a mass tort is probably the way to go.
What Types of Damages Can I Anticipate Winning in a Defective Product Case?
Let’s take a small step back. Recall that your Workers’ Comp will likely pay your medical bills, some of your lost wages, and a portion of your temporary or total disability. A successful defective product damage award compensates you for the following:
- Pain and suffering
- All of your disability
- All of the residual bills (transportation costs to doctors, rehab, purchase or rental of special vehicles and equipment, all the bills you don’t think about until you need the services)
- Punitive damages, if they’re appropriate
- All damages surrounding a wrongful death if the defective machinery killed a loved one.
And it’s even possible that your employer’s insurance company could be your ally in your lawsuit against the manufacturer as it will seek reimbursement for the money you were paid out of Workers’ Comp.
The Johnson Law Firm has a strong reputation for holding defective product manufacturers accountable for the injuries and wrongful deaths their products cause. We thoroughly investigate, then make sure all responsible defendants are held to account. Contact us today at 1-606-433-0682, or fill out this online form to arrange a free consultation. You pay nothing unless we win your case.