The defendants will most likely try to argue that you were being irresponsible or negligent while using their product. They may also try to prove that you were not following the proper instructions and using the product in a way that it was not intended to be used. It’s possible that if you were injured but you were negligent and partially responsible for your injuries you may only receive partial damages from the defendant, called “comparative negligence” or “comparative fault”. In some cases you can be negligent but still receive full damages if your negligence did not cause your injuries. For example, if you are intoxicated and fall into an elevator shaft because the elevator did not arrive at the floor properly by the time the doors had opened.
A design defect is a fault in the plan or outline of a product. A design defect will affect all of the products manufactured under that design because that is how it was instructed to be made. Manufactuing defects, such a missing screw or poor quality materials, can occur even though the product’s design or blueprint is fine. Something that occurred in the process of assembling the product rather than an error in the blueprint for the product would be classified as a manufacturing defect.
It’s possible. For a manufacturer to be liable there must have not only been an injury from using the product, but also the product must have been defective or unexpectedly dangerous.
Defective product is a product which fails to perform as safely as an ordinary consumer would expect because of a fault in its design, labeling, or the way it is instructed to be used. An example rests with the Ford Pintos of the 1970’s. These cars had a faulty fuel system that easily ignited the car in a rear end collision. Because of a direct fault in the Pintos’ fuel system approximately 500 people died and many more were injured.
The Jones Act is a specific section of the Merchant Marine Act of 1920. It deals with cabotage (coastal shipping) and defines the rights of seamen who are hurt while working at sea. The Jones Act gives seamen legal avenues for seeking compensation if they are injured due to negligent actions (or inactions) performed by the shipowner, the captain, or any other member of the crew. Essentially, it extends seamen the same protection already afforded to railroad workers. Specifically, the act states that:
“Any sailor who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right to trial by jury, and in such action all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees shall apply.”
Regardless of how minor you think the accident is, you should always report it to the police. Write down names, addresses and phone numbers of any witnesses, and make sure the police officer gives you a copy of the driver exchange information form. Call your insurance agent and your insurance company immediately for further instructions. Then call (619) 531-2022 for a free consultation.
No! Tell the insurance company you will get back to them. Ask to put any offers in writing. In the meantime, contact the Law Offices of Keith J. Stone immediately. Far to often, insurance companies will offer a minimal amount of money in return for your signature on a release. Once you sign the release, you cannot open the case and sue them. Additionally, we do not like to talk settlement for the first several months after the crash. You want to make sure that you know what all of your injuries are and more importantly what your prognosis is.
Every case is different. Compensation for personal injury claims will depend on: the cost of your current medical bills and necessary ongoing treatments, the severity and type of the injury (or whether a victim has died), whether you are able to earn a living after being injured, settlements awarded in cases similar to yours, whether your condition is curable, whether your injury was caused by intentional harm or malice (rather than simply negligence). Those with severe, incurable injuries that prevent them from working or those caused by intentional malice will likely recover higher compensation amounts. The Law Offices of Keith J. Stone makes a focus on how the crash has affected your lifestyle.
There are a number of economic and non-economic damages that may be awarded in a personal injury lawsuit, including: emotional pain and suffering, lost wages, lost earning capacity (i.e. an inability to work in the future due to injuries), medical bills, necessary ongoing treatments. All damages include present and future expected losses. You may also be eligible to recover punitive damages if you can prove the defendant’s conduct was intentional or malicious.
To drive in California, one must have insurance. One of the most important aspects of your car insurance is known as uninsured motorist coverage. The Law Offices of Keith J. Stone will be happy to review your insurance policies to make sure you have the maximum Uninsured Motorists and Under-insured Motorist coverage you can have. This coverage will come into effect if you are hit by an uninsured driver or hit and run driver.
