Recover what you deserve from defective product injury
Injuries from defective products can have many lasting consequences. Let’s begin your journey to recovery and maximum compensation.
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Common types of defective product claims
The Whiting approach to
personal injury law
Why having a trial mindset is important even if you don’t go to trial.
Settlements with insurance companies happen because they want to avoid the risk of a bigger verdict in court.
Even if the plan is to settle out of court, approaching the claim or case by considering what might happen in court has great value. Evaluating your case this way means seeing the facts and circumstances through the lens of seven jurors listening to the evidence.
Because of Jason Whiting’s experience as an insurance claims adjuster and defense attorney for insurance companies, he understands that processing your case facts with a trial mindset is the best way to provide sound counsel and help you achieve maximum compensation.
Important questions about defective product injury cases
Sure, if you value a quick, lowball settlement more than you value maximum fair compensation (and some people do). Based on Jason’s years of experience as a claims adjuster and insurance lawyer, he is confident that his help will net you more money than you otherwise would facing the insurance company alone. Why is that? Insurance adjusters settle personal injury claims to avoid the risk of an even bigger verdict in court if the case doesn’t settle. If you have no lawyer—the insurance company has no real risk. If you have a decent lawyer—they carry some risk. If you have a skilled trial lawyer like Jason—huge risk. Simple as that.
Many injured Virginians think they don’t have to pay their medical bills because the at-fault party’s insurance company will pay them. The at-fault party (or most likely the party’s insurance company) is responsible for your medical bills but does not pay those bills as they become due. Rather, the bills are considered as part of the personal injury settlement amount (or verdict if the case is tried). Therefore, while your personal injury claim is pending, you are still responsible for whatever portion of copays or deductibles you might owe after your health insurance processes and pays the bills. In other words, you must absorb the cost of your medical treatment in the near-term. This is not ideal, but it is the reality of the process
Personal injury claims related to defective products often involve the concept of product liability. Manufacturers, distributors, and sellers have a responsibility to ensure the products they put into the market are safe for use. If a product is found to be defective and causes injury, it might be due to design defects, manufacturing defects, or failure to provide adequate warnings or instructions. Proving negligence on the part of these entities is a key aspect of such claims.
Defective product injuries can result from different types of defects. Design defects refer to inherent flaws in the product’s design that make it unsafe for use. Manufacturing defects occur during the product’s production, leading to specific faulty products. Marketing defects involve inadequate warnings, instructions, or labeling that fail to inform users about potential risks and proper usage.
Jason approaches cases by evaluating the facts as if they are going to court; however, you will only go to court if you decide to – it is always your decision. Jason will make recommendations about whether to accept any settlement offers or file a lawsuit. He offers sound counsel, not pressure because ultimately it’s your decision.
More than 90% of personal injury claims settle outside of court. Although, sometimes filing suit and litigating for a while is necessary to obtain maximum compensation from the insurance company.
GDC personal injury cases are decided by a judge, not a jury. They are less formal, less stressful, and quicker. The most you can be awarded in GDC for personal injuries is $50,000 plus costs and interest. We typically recommend GDC for cases that are not obviously worth more than $65,000 (taking into account potential costs of circuit court litigation).
Circuit Court personal injury cases are usually decided by a jury. Unlike GDC, these cases typically last a year or more and involve a lot of formal discovery and expert witnesses. The upside is that you can sue for as much money as your case might be worth.
So where would we file your case? That depends on the projected value of your case and on your goals—some clients value the efficiency of GDC, especially if we are not confident that a Circuit Court case would ultimately prove more lucrative in the long run. This is evaluated on a case by case basis.
Liability And Fault
How is fault determined in a defective product injury?
Manufacturers, distributors, and sellers have a legal duty to provide safe products to consumers. If a product is found to be defective and causes harm, fault can be attributed to design defects, manufacturing defects, or inadequate warnings and instructions. It’s essential to show that the defect directly caused the injury and that reasonable steps were not taken to prevent it.
What role does negligence play in defective product injury claims?
Negligence is a significant factor in defective product injury claims. Negligence occurs when a party breaches its duty of care, resulting in harm to another. Manufacturers or sellers can be considered negligent if they fail to adhere to safety standards or knowingly release a faulty product. Establishing negligence is crucial to proving liability in such cases, as it demonstrates that the responsible party’s actions or inactions led to the defect and subsequent injury.
What are common defenses in defective product injury cases?
Common defenses in defective product injury cases include arguing that the product was used improperly or that the injured party assumed a known risk. Manufacturers might also assert that the product was altered after purchase, contributing to the defect. Additionally, they might claim that adequate warnings were provided, and the user should have been aware of the potential risks. Jason is experienced in defective product cases and can help navigate these defenses effectively.
Insurance and coverage
What insurance coverage is available for defective product injuries?
Defective product injuries are often covered by product liability insurance carried by manufacturers, distributors, and retailers. This coverage helps these entities compensate individuals harmed by their products. Additionally, your own health insurance or disability coverage can help cover medical expenses and lost wages resulting from the injury.
An experienced attorney like Jason can help you understand the available insurance options and how they apply to your situation. He will always take time to listen and understand your situation and provide a clear explanation for your options.
Can I use my health insurance to cover medical expenses from a defective product injury?
Yes, you can use your health insurance to cover medical expenses resulting from a defective product injury. Your health insurance can help pay for medical treatments, surgeries, therapies, and other necessary medical services. While product liability insurance carried by manufacturers or sellers should ideally cover these costs, your health insurance can provide immediate relief by covering the expenses upfront when you are in need of care. It’s recommended to consult with an attorney.
Jason can help you navigate insurance claims and ensure you receive the appropriate compensation for your injuries.
How can Jason’s experience as a former insurance adjuster benefit my defective product injury case?
Jason Whiting’s unique background as an insurance adjuster and representative for insurance companies in litigation provides a distinct advantage for your defective product injury case. He possesses comprehensive insights into how insurance companies operate, negotiate, and handle claims. This inside knowledge allows him to anticipate and counter insurance company tactics effectively, ensuring you receive fair compensation for your injuries.
With his experience, Jason navigates the complexities of insurance coverage, claim assessments, and negotiations, empowering you with a strong advocate who understands the intricacies of both sides of the process.
Compensation and damages
What types of compensation can I seek after a defective product injury?
After a defective product injury, you can pursue various forms of compensation to address the financial and emotional aftermath of the incident. These include:
- Medical expenses, encompassing various treatments, surgeries, medications, and ongoing therapies.
- Compensation for lost wages – both current income loss and potential future earnings impacted by the injury.
- Pain and suffering compensation acknowledges the physical discomfort, emotional distress, and diminished quality of life resulting from the accident.
- Additionally, in cases of wrongful death, compensation extends to loss of companionship, funeral costs, and related expenses.
Jason evaluates all eligible damages to ensure you receive comprehensive compensation for the losses you’ve incurred.
How is compensation determined in a defective product claim?
Compensation in a defective product claim is determined by evaluating both economic and non-economic damages. Economic damages encompass quantifiable costs like medical bills, property damage, and lost wages, supported by bills, receipts, and financial records. Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, are more challenging to quantify but often include before-and-after evidence from witnesses who know you well. Establishing the impact of the injury on your life is crucial to calculating a fair compensation figure.
An experienced attorney can help assess the extent of your damages and advocate for a comprehensive compensation package.
Can I recover medical expenses, lost wages, and costs for pain and suffering?
Absolutely. In a defective product injury claim, you can seek compensation for medical expenses incurred due to the injury, including immediate and ongoing treatments. Lost wages compensation covers income you’ve lost due to the injury’s impact on your ability to work. Pain and suffering compensation accounts for the physical and emotional anguish caused by the defective product. Jason guides you through the process of recovering these forms of compensation to ensure your rights are protected.
Jason Whiting
“I understand how insurance adjusters work because I used to be one. I also represented insurance companies for many years. If you’ve been injured by a driver in southwest Virginia, you deserve a skilled trial lawyer to give you a powerful voice.”
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