Experienced Biloxi Product Liability Attorney Ready to Help You
It’s Better in Biloxi
There are many beautiful places along the Gulf Coast, but none are quite like Biloxi, Mississippi. Biloxi boasts beautiful beaches, but that’s not all. Everyone can find something to love about the area, from outdoor activities like hiking and fishing to art galleries, casinos, and great food. And for the history buffs, there are plenty of historical landmarks and museums to feed the mind. Biloxi provides the best of both worlds, boasting small-town hospitality and big-city adventures. However, even in this vibrant community, residents and visitors can face unexpected challenges, such as injuries caused by defective products, making it essential to know your rights under product liability laws.
What Is Product Liability?
Product liability law dictates that when a consumer is injured by a defective product, the manufacturer or seller is legally responsible for those injuries. Unlike in regular personal injury suits, an injured plaintiff can seek compensation from any company/party in the distribution chain, from manufacturers to assemblers, to retailers. Product liability law is designed to protect consumers and encourage safe business practices. For this reason, an injured person doesn’t have to prove that the defendant was negligent in any way. They need only prove that the product was defective and that an injury resulted from that defect.
Types of Defects
- Manufacturing defect—The product (or part of a product) was made or assembled improperly.
- Warning defects—The product lacks proper labeling, sufficient instructions, or adequate safety warnings.
- Design defects—This defect is present from the beginning, even before something is manufactured, in that the design of the product is inherently unsafe or inadequate; and
- Breach of warranty—The product in question breached an express warranty or failed to conform to other express factual representations that the consumer relied on. This one is less common than the other three.
If a person is harmed due to one of these recognized defects, they are entitled to seek fair compensation for their injuries and damages.
What Kind of Damages Can I Expect in a Product Liability Claim?
There are a few main types of damages that an injured party can recover in a product liability case.
Economic damages
Economic damages cover financial losses resulting from the injury, such as:
- Medical bills,
- Lost wages, and
- Property damage.
These damages are the easiest to prove because they are easily documented.
Noneconomic damages
Noneconomic damages include things like pain and suffering, which compensate for the physical and emotional pain the injured person endured as a result of the defect. This can also include damages for disfigurement and loss of life enjoyment. Mississippi law caps noneconomic damages at $1,000,000 for all cases except those involving medical malpractice.
Punitive damages
Punitive damages are more uncommon because they are recoverable only if the defendant’s conduct was exceptionally egregious. Mississippi law also caps punitive damages in an injury settlement. The applicable cap depends on the defendant’s net worth.
The compensation a victim of a product liability case may receive varies widely, depending on each case’s specifics. While it’s difficult to provide an accurate estimate without reviewing the details of your case, an experienced product liability attorney can help assess your damages and work to secure fair compensation tailored to your situation.
How Long Do I Have to File a Product Liability Lawsuit?
Just like every civil cause of action, a plaintiff has only a certain amount of time to file their lawsuit before they are barred from doing so. This is known as the statute of limitations. In Mississippi, the statute of limitations requires personal injury lawsuits to be brought within two years from the date on which the injury took place.
Do I Need a Defective Product Attorney?
If you’ve been injured by a defective product, you may wonder whether you need a defective product attorney. The answer is that you likely do, depending on the severity of your injuries and the complexity of your case.
Product liability laws can be intricate, especially with various parties potentially responsible for the harm caused by a defective item. A skilled attorney can help navigate these complexities, determine liability, and ensure that you receive fair compensation for your injuries, medical expenses, and other damages.
What Do Product Liability Lawyers Do?
A product liability lawyer specializes in representing consumers injured or suffering harm due to defective or unsafe products. Unsafe products include those that are poorly designed, manufactured, or fail to provide adequate warnings. A product liability lawyer can help you pursue compensation for medical expenses, lost wages, pain and suffering, and other damages caused by defective products.
A product liability attorney supports injured parties by:
- Investigating the incident—gathers evidence, such as product design, manufacturing processes, and user instructions, to determine if the product was defective or unsafe;
- Identifying responsible parties—multiple parties may be liable for the defective product, including manufacturers, distributors, and retailers;
- Assessing damages—calculates the full extent of damages, including medical bills, lost wages, pain and suffering, and future expenses;
- Negotiating with insurance companies—works to secure fair compensation from insurance providers and manufacturers, often avoiding lengthy court battles;
- Filing legal claims—files lawsuits on behalf of clients, navigating complex legal requirements, and ensuring deadlines are met for filing claims;
- Obtaining expert testimony—coordinates with industry experts, such as engineers or medical professionals, to strengthen the case and prove the product’s defectiveness;
- Representing clients in court—if settlement negotiations fail, they represent clients in court, fighting for fair compensation through litigation; and
- Providing legal advice—advises clients on the best course of action throughout the legal process to protect their rights and interests.
If you have been injured by a product, having a lawyer with expertise in product liability is crucial to protecting your rights. They can ensure you are fairly compensated and the responsible parties are held accountable for their negligence.
How Smith & Holder, PLLC, Can Help
Product liability suits are complex, and establishing legal fault requires proper evidence. Each product liability lawyer at Smith & Holder, PLLC knows which evidence to gather and when to seek the assistance. Our Biloxi product liability attorneys know the law, and will push for every bit of compensation you deserve for your physical injuries, lost wages, pain, and suffering, and more.
Injured by a Defective Product? Call Smith & Holder, PLLC Today!
If you suffered an injury as a result of a defective product, trucking accident, or auto vehicle accident in Mississippi, you are entitled to seek compensation for your losses. The Biloxi product liability lawyers know the law, and are ready to be your advocates throughout the claims process. We offer a free consultation, so contact us to schedule an appointment today.
