When a product is defective and causes injury a defective appliance, dangerous toy, a malfunctioning medical device, or a defective auto part, for example a responsible manufacturer (or their insurance carrier) is supposed to pay what’s fair to make the injured person whole. The sad fact is, product liability insurance adjusters are not there to help injured consumers, unlike our attorneys who are trained to do just that.
Product defect injury claims can be complex and high value which makes these types of injuries an area that insurers are more likely to manipulate. This guide exposes the dirty little secret insurers play in product defect injury claims and what you can do to protect your rights, health and financial future.
Insurance Adjuster Tactics in Product Defect Claims
Product defect injury claims can be complex and high value which makes these types of injuries an area that insurers are more likely to manipulate. This book exposes the dirty little secret insurers play in product defect injury claims and what you can do to protect your rights, health and financial future.
What is a Product Defect Injury Claim?
Product Liability Claim for Defective Product Injury A defective product injury claim occurs when a person is injured as a result of a defective or unreasonably dangerous product. Generally, these are claims for product liability, which subjects manufacturers, suppliers, vendors and in even instances, designers to legal( criminal) liability if an individual is injured due to the following:
Design Flaws (error in the plan for the product)
Made errors in production (defects in the production process)
Marketing issues (lack of warning, mislabeling, or no directions)
Not only can such claims result in massive settlements (and occasionally even class action lawsuits), insurance adjusters will be fighting back with every bit of ferocity they can muster.
Shifting Blame to the Consumer
Adjusters usually love to lay on you, the injured party. They may claim:
You did not use the product as directed
That you did not heed a safety warning or instruction
If you make changes to the product or dismantle it
This gambit takes advantage of the states’ comparative negligence laws, which reduce the payout to anyone who is partially at blame for an injury.
How to Protect Yourself
Record specifically how the product was used.
Retain all warning labels, manuals, and materials.
Do not confess or speculate about what happened.
OUR CLIENTS ALWAYS COME FIRST
OUR CLIENTS ALWAYS COME FIRST
Even when liability is clear, adjusters will try to minimize your injuries by saying :
Your injuries aren’t that serious
You were treated with excessive force or were treated when you should not have been treated
You had pre-existing conditions
They want to reduce the “value” of your claim by limiting your medical expenses and pain and suffering.
How to Protect Yourself
Get medical help as soon as the attacks occurred.
Comply with your agreed-upon course of treatment, and do not miss any follow-up appointments.
Record symptoms, treatments and limitations in detail.
Time will be your friend Take pictures of the injuries over time.
Delaying the Investigation
Delays themselves can be a weapon to try to drain your capacity to pursue your rights through the courts or to encourage you to settle for less, or to miss out on legal opportunities altogether. They might say:
“We’re waiting for documents from the manufacturer.”
“We’re still analyzing the product.”
“We need more of the medical records before we go forward.”
Delay benefits the insurance company by stretching out large payouts and pressuring you to take lowball offers.
How to Protect Yourself
Document all exchanges in a claims diary.
Establish deadlines, then follow up in writing.
Don’t let them stretch the claim past the statute of limitations in your state.
Work with a lawyer to insist on progress with the process.
Offering a Quick, Low Settlement
If the insurer believes that you are in financial difficulty, the adjuster may be willing to extend advance payment for your case but at a steep discount to its actual value.
And the usual implication is that when you agree, you’re waiving your right to any yet-to-be-determined compensation.
They may say:
“We’re giving you this to get you to the other side.”
“You’re never going to get a better offer.”
“This is an average payout for these injuries.”
How to Protect Yourself
Don’t settle until you know the total amount of compensation you are going to need.
Have your claim reviewed by an experienced product liability lawyer.
Make sure to factor in all possible future damages into your demand (such as, valuables surgeries or treatment, rehab, emotional pain, missed wages).
We offer free consultations
We offer free consultations
Note: This guide is for informational purposes only and does not constitute legal advice.
FOUNDER & TRIAL ATTORNEY
Meet Shawn Mangoli
“Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”
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California Personal Injury Firm committed to getting maximum compensation.
Don’t settle for less.
Contact
Quick Links
Follow Us