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How Soon Do You Need to File a Product Liability Claim?

Big red letters that say "product liability".

If you have been hurt by a product while using it according to its intended use, you might have grounds for a product liability claim. According to law, manufacturers must take reasonable measures to ensure that everything they sell is safe, including testing their products and preventing factory errors. A product liability attorney in Cody, Wyoming, Casper, Wyoming, or Cheyenne, Wyoming can help you learn how to submit your claim with enough time to collect compensation.

What Is Product Liability Law?

The area of law that deals with dangerous and/or faulty products is a subset of personal injury law called product liability. Companies usually purchase liability insurance to provide a settlement in the event that they are faced with the threat of a product liability lawsuit, meaning that your compensation will likely come in the form of an insurance settlement.

Our homes, offices, schools and places of recreation are filled with thousands of products that we interact with every day. Most of these products are perfectly safe because manufacturers know that they could be held accountable for any accidents. Even the food we eat and the cars we commute with are subject to product liability laws. Product liability laws exist to protect the consumers who rely on countless products to enjoy a reasonable standard of living.

How to Pursue Damages

If you believe you have grounds to sue a product manufacturer, the first step is to issue a demand letter stating your right to compensation. Depending on how the liable party responds to the letter, you may receive a settlement without the need to go to court. If you do not, you can proceed to initiate a lawsuit with the goal of obtaining a court order for a payout in the amount you are owed.

If you are concerned about spending time and money on a trial, you should know that most cases end in a settlement to which both parties agree. The process of negotiating a settlement can involve some degree of back-and-forth between the insurance company and your attorney. By reviewing your offers against the damages you incurred, the right attorney can help you avoid settling for less money than you legally deserve.

What Is the Statute of Limitations for Product Liability Claims?

For any kind of personal injury claim, the statute of limitations is the amount of time for which your claim is valid. After the statute of limitations has expired, you no longer have the right to take the other party to court. In Wyoming, the statute of limitations for a product liability case is four years from the date the injury occurred.

Exceptions for Minors

The statute of limitations is extended for minors in Wyoming. If the injury occurred before the plaintiff turned 18, he or she has up to three years after his or her 18th birthday to file the claim.

Extensions for Hidden Injuries

The state of Wyoming recognizes that some injuries take time to develop. Often, the body releases adrenaline that masks the sensation of immediate pain. If the plaintiff suffered an injury that remained hidden for a period of time after the initial trauma, he or she might be able to obtain an extension on the statute of limitations.

If you believe the statute of limitations for your case has expired, you should still speak with a lawyer. He or she will let you know if any exceptions or extensions to the deadline apply.

Why Some Claimants Decide to Take Action Too Late

In addition to incurring injuries that remained undiscoverable for a period of time, there are many reasons why some individuals allow the statute of limitations to expire before deciding to take legal action. Minor accidents and injuries are often viewed as part of day to day life. If you were injured by an ordinary household object, you might realize you have the right to hold the manufacturer accountable.

Other individuals simply feel overwhelmed by the legal process. There is a common misbelief that one person does not stand a good chance of winning compensation from a large corporation. Our legal team is here to bring a fair settlement within reach. We communicate essential information clearly as a means of keeping our clients informed and demystifying the legal system. With numerous multi-million dollar wins under our belt, we can ensure that the liable party will take your claim seriously.

When Is the Best Time to Talk to a Product Liability Attorney?

While the statute of limitations for product liability claims is four years in most cases, product liability attorneys recommend taking action as soon as possible. The sooner you obtain compensation for your injuries, the sooner you can put your settlement money towards paying your medical bills and funding your recovery. Additionally, it is often easier to build a case if the evidence is fresh. For example, key witnesses usually remember recent events better than things that happened several years ago.

How Do You Know If You Have Grounds for a Product Liability Case?

Product liability is a complex area of personal injury law that often involves going up against large corporations. By locating a lawyer who has a successful track record with high-stakes cases, you will have the opportunity to review the details of your injury with a knowledgeable professional. Individuals who are eligible for a settlement can usually prove all of the following statements:

  • They were using the product as it was intended at the time of the injury
  • Their injury resulted directly from their interaction with the product
  • The injury caused specific losses such as medical expenses, pain, emotional distress, and time away from work

Additionally, most plaintiffs need to show that at least one of the following statements is true in order to establish that a given product created a problem for which the manufacturer was responsible:

  • The product was correctly manufactured, but poorly designed
  • The product was well-designed but poorly manufactured
  • The product incurred flaws in both the design and the production phases
  • The manufacturer failed to provide sufficient warnings about the product’s potential to cause injury
  • The product was advertised in a misleading manner

Never Assume That You Don’t Have a Case

If you are concerned that you may be precluded from a settlement because you believe you mishandled the product, because you had a pre-existing health condition at the time of the injury or because of another complicating factor, you should still set up an appointment with an attorney. He or she may be able to find creative arguments to support your case regardless of the circumstances.

We Handle Product Liability Cases in Cody, Wyoming, Casper, Wyoming, and Cheyenne, Wyoming

Our attorneys have extensive experience with product liability, regularly serving clients who have been injured by automobiles, medical devices, household items, and electronics. If you have more questions regarding the statute of limitations or other aspects of the legal process, we are more than happy to discuss your case. You can schedule a free consultation by calling (307) 224-9584.

You have the right to expect the products you buy and use to be safe. In the event of a product-related injury, our attorneys will fight to help you recover compensation for your medical expenses, lost wages, and other damages. To speak with a product liability attorney in Cody, Wyoming, Casper, Wyoming, or Cheyenne, Wyoming, contact Ochs Law Firm.

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Our experienced Wyoming personal injury lawyer, Jason E. Ochs will fight to help you recover proper compensation in a class action, pharmaceutical, and medical cases throughout multiple states. Contact us today.

Jason E. Ochs

Jason began his legal career in 2002 with a national multi-district litigation law firm in Newport Beach, California. There he worked on a variety of high-profile, complex-litigation projects including pharmaceutical and medical-device litigation across the country.

The Ochs Law Firm epitomizes professionalism and commitment to all of our clients, regardless of the size of the case or the might of the Defendant. We practice in Wyoming, Colorado, Kansas and California in personal injury litigation, medical malpractice, defective products, class action lawsuits, Qui Tam lawsuits, litigation across multiple districts, bad faith insurance, and civil litigation.

We look forward to providing top quality service and representation for you and your family.