What is a Defective Product Lawyer and What is Their Process for Florida Claims?

team of defective product lawyers discussing a claim at a tableWhen it comes to expired, defective, or dangerous products, hiring a defective product attorney is your best course of action. If you have been injured by a defective product, or if you’ve suffered a loss due to a defective product, seeking the help of an experienced defective product lawyer is the best route.

So next time you buy that device or product and find out that it’s potentially hazardous and dangerous, you should contact a defective product lawyer as soon as possible.

How Does the Process Work?

Like any lawyer, these specific attorneys know the laws and procedures, and can help you build a case around your specific details and circumstances. The process is relatively straight-forward—they will review the facts of your situation, analyze any evidence that might be useful, and then build a strong legal argument in your favor. But the assistance doesn’t stop there; defective product attorneys will also provide advice on how to document and prove your claim.

In Florida, defective product lawyers typically follow a three-step process:

1. Investigation

The first step requires some investigation. Your lawyer will work to gather all attainable facts and information surrounding the defective product and assess any damages. This includes researching the manufacturer, inspecting the product for defects, reviewing consumer feedback about defective products from that manufacturer, and determining whether or not you have a valid claim.

2. Negotiation

If your defective product attorney determines that you have a valid claim, they will then attempt to negotiate with the manufacturer. This process can take some time, and often involves back-and-forth negotiating between the lawyer and the product company or insurance company.

3. Filing a Claim

If both parties cannot come to an agreement during negotiations, then your defective product attorney may advise you to file a defective product lawsuit. Your defective product lawyer will be able to help you draft and file the necessary paperwork in accordance with Florida laws, as well as represent you in court if needed.

Time limits do apply, so keep that in mind when considering filing a lawsuit. In accordance with Florida law, you have four years to file a claim of this type.

Can You File a Claim? Pure Comparative Negligence Rule

If you live in Florida and you’re unsure about your eligibility to file if you were at fault for the accident involving a defective product, you may be in luck. Due to the pure comparative negligence rule, you can still file even if you are partially or fully at fault. However, your recovery of damages will be minimized according to the proportion of your own fault. When filing a claim, it comes down to two theories:

  1. Product Liability – focus is towards the product itself
  2. Negligence – focus is placed on the deeds of the manufacturer, seller, or distributor

Between the two theories, the lawyer will proceed based on which makes the most sense for your situation. No matter what caused the defect in the first place, research which theory you think your claim might fall under, and trust that your lawyer will work out the details.

Erjavec Law Has the Defective Product Attorney to Win Your Case

Defective product cases can be tricky and complicated, but that’s why defective product attorneys exist. Erjavec Law has the attorneys to help you win your case. With years of defective product experience, our attorneys have the expertise in Florida defective products laws, and we will fight diligently for the justice you deserve.

Don’t wait any longer—contact us for a free case evaluation today and let Erjavec Law take care of you.