Every product liability case is different. Time deadlines can be very short in some cases. It does not matter if it is avandia, yaz, or trasylol, you only have a certain amount of time to pursue your case. Evidence should be preserved as soon as possible after an injury. If you have been injured by a defective car, gadolinium, actos or levaquin, call Ferguson & Ferguson to find about your legal rights. Call 256-534-3435.
First and foremost our Alabama product liability lawyers will meet with you for an initial consultation at no cost. We can discuss with you whether the facts of your product defect injury is the type of facts that will make for a good case. We can never make predictions or guarantees, but the Ferguson Law Firm has been in the business of personal injury law for over forty combined years, and once you’ve had your free consultation, you should have some idea of how we would expect things to proceed in a case like yours.
We take nearly all of our cases on a contingency fee, which means that our fees are paid out of your recovery, at the end of your case. In other words, you don’t have to pay our fee up front, on an hourly basis. (How many people can afford to do that?) Also, we agree to advance the costs of litigation in most of our cases. Gathering medical records, long distance calls, filing fees, depositions, and other costs of litigation can add up quickly. Paying these costs along the way and out of pocket is difficult for many people, the Ferguson & Ferguson Law Firm advances these litigation costs as the case goes along. These costs are reimbursed to the Ferguson & Ferguson Law Firm when the case is settled or otherwise resolved.
One of the things most clients tell us is so difficult after being involved in a product liability accident is that the manufacturer never returns their calls. Dealing with injuries, missed work, doctor visits and then an adjuster calling and asking how much you want to settle is overwhelming for most people. Once you have hired our law firm to handle your case, the insurance adjusters are not allowed to call you directly; they have to go through us. You can concentrate on getting physically better, getting your life in order, and let us deal with evaluating your case and handling the adjusters and many other details. That is what we do.
The attorneys and staff at the Huntsville, Alabama law firm of Ferguson & Ferguson have extensive skill and experience in handing cases involving product liability injuries. You never know from one day to the other whether it will be a medtronics heart defibrillator, cat scan machine, or blinds that are going to cause injuries. We have handled pain pump, levaquin, chantix, and seroquel cases. We constantly keep up with new product liability issues like metformin, gardisil and vytorin. We can never make any guarantees about the value of your case or the final outcome. However, we settle cases (many times even prior to filing a lawsuit), we mediate or arbitrate cases, and we try cases when settlement isn’t possible. We have experience in all of these areas. Resolution is important to everyone, and we can see that you get some closure, some finality, to your situation, and we do most of the work.
The first two concerns of a product liability victim is what to do about work, medical bills and lost wages. That’s why immediate attention must be paid to getting these bills paid and supplemental insurance payments made to you while you are disabled from employment. Of course, these claims require a thorough understanding of your Alabama law. We possess that knowledge and we will fight your case if it is a plavix, accutane, or bryan tx explosion case, or any other product case as hard as it takes to recover.
Our knowledge of product liability law is of particular value to people injure with defective products. A proper analysis of a product liability case can take weeks or even months. Defective drugs like zicam, seasonique, and ortho evra can cause disability, past and future lost earnings, pain and suffering, disfigurement, and loss of quality of life.
It is critical that accident victims understand that the Defendant’s insurance company, as well as your company may have interests adverse to your own. You should not speak to any representative from any company without first consulting with an attorney. Furthermore, there are written notice requirements which need to be completed within short periods of time and should also not be done without a competent product attorney.
Once the case has been accepted and these initial steps taken, we will proceed to take measures which will help you to prove liability and maximize your results. First, we “freeze” the evidence, securing evidence which may disappear in time. Such evidence may include the defective product such as byetta, topamax, bactrim, or nuva ring. The evidence may be witness statements.
As the case proceeds, our lawyers conduct “discovery” in order to compel information from the opposition. During this time, we assist in making sure that you have the best medical treatment possible and properly document your injuries and their effect on your life. Just winning the case is only half the battle. After all, a victory is more like a loss when the recovery is small. Many don’t realize that in a personal injury lawsuit, you have a right to recover for damages that have taken place, as well as those which will affect you in five, ten, or even twenty years. We believe that our experience and extensive work with doctors will assist you in demonstrating these damages, even if not yet realized, and convince an adverse insurance company, a Mediator, a Judge, or a jury that these damages are significant.
Product liability cases can happen at any time and can occur virtually anywhere and under any circumstances, some of the more serious and costly accidents occur while people are using prescription drugs, driving vehicles, or playing with toys. It should be stressed that defective products injuries can be extremely complicated. Retaining an inexperienced lawyer may result in a plaintiff losing a lawsuit or not receiving the recovery that he or she deserves. It is important that plaintiffs choose attorneys with appropriate levels of experience and familiarity with the subject matter of the lawsuit.
Physical evidence and the recollections of witnesses and involved parties are crucial both for establishing the liability of the negligent parties as well as for proving the nature, extent and causation of injuries. In resolving personal injury claims, those in which this critical evidence has been preserved are almost invariably easier to settle and to settle at full value. If the claim proceeds on to litigation, this evidence becomes even more critical as the basis of proof of liability and damages.
Once an experienced attorney takes on a personal injury claim, the attorney will promptly assign staff members and/or professional investigators to collect all the evidence that may be relevant to the claim. The earlier this is done, the better off the case will be. And if the injured person has already begun on his/her own to put this information together, this will get them an even earlier jump on the process.
Since the nature of many pieces of evidence may not be immediately obvious to the non-attorney (and since even an experienced attorney will use checklists to avoid forgetting important items), we’ve provided the following forms to help you protect yourself from having crucial evidence lost or destroyed. Since every case is unique, these lists can’t include every type of evidence possible. Rather, these are intended to describe the most common pieces of evidence needed for successful resolution of a personal injury claim. Collecting as much of this evidence as early on as you can will give both you and any attorney whom you may retain a significant head start on resolving your claim promptly and at full value.
After doing the following, there are certain things that should be done in order to assist the victim document his/her case. In an accident involving serious personal injury, the insurance company for the person or company that caused the accident will usually have an insurance investigator taking witness statements and preparing their legal defense as early as an hour after the accident. The accident victim would be best advised to seek out legal advice as soon possible. With this in mind, there are certain preliminary actions that you should take. You are not alone, personal injury or wrongful death claims involving defective products is one of the most common types of accidents. We have helped many people through this difficult time. We know what to do and what to avoid.
If you or a loved one has the unfortunate experience of being injured by a defective product, what you do can make a difference in winning or losing your case. If you did not complete each of these tasks, contact us immediately and we can help you with your case.
You may be surprised at how soon after you are involved with a defective product that you are contacted by an investigator or a claims representative from an adverse insurance company. Do not be fooled! These people are not there to help you, despite what they may say.
These investigators or claims representatives for an adverse party will often try to create the appearance that they are not your adversary, by telling you that it was all their fault or that they will “take care of everything” for you. When push comes to shove, these statements will not bind the insurance company in court. They are designed to lull you into believing that these people have your best interests at heart, and to keep you from seeking legal representation.