Oftentimes when people get into accidents that involve defective products (such as car accidents), they get into shock and delay filing a case. While it is understandable that certain personal injuries can cause you to not file a case right away, you must remember that the company whom you plan to sue is already one, if not two, steps ahead of you.
To start, call an experienced products liability lawyer for advice and to schedule an immediate appointment—he should help you in securing all the evidence needed for the trial. The preservation of evidence is crucial, since this will greatly help—if not determine—the success of your case.
If the product was not yours, offer to purchase the wrecked or malfunctioning article. It may not seem to be of use now, but obtaining the evidence means you can keep an eye on it. If buying a product that has long served its purpose does not appeal to you, think of the success it will bring to your case.
Next, make sure you keep the article in a safe place where it cannot be altered, or worse, stolen. Many truck companies whose vehicles get into an accident send their trucks for repairs ASAP, which quickly covers up any dents or bumps. There have also been cases where evidence kept in a garage being stolen. Make sure you keep the evidence in a safe place.
If you can’t buy the evidence, put everyone concerned with it on notice, like impounders and tow operators to preserve the evidence. They can later be sued if they do not do everything they can to preserve the state of the article.
If the product is owned by the defendant, you can file an independent action for a temporary restraining order, and a preliminary injunction. This is to avoid any alterations that could be done on the product, and keeps it safe from experimental—and possibly destructive—testing by the defendant.
Finally, obtain the complete history and background data of the product. Find out where it was originally purchased, who its previous owners were, what modifications were done to it. Try to obtain as well a description of the manufacturer and its distributors (if any), and source all literature pertaining to the product, such as fliers and manuals.
Being equipped with all of these will raise your chances of winning in court. The key is to preserve the evidence, and acting fast in obtaining it.
Is it necessary to go to court?
In the United States, personal injury claims are given a statute limitation of two (2) years before the claim is outlawed. Within this period, one must obtain a lawyer and file a case before going to trial in court.
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