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Everything You Should Know About Defective Product Personal Injuries

If you use a tool or chemical incorrectly, you often know you are taking on a potential risk of injury. However, in some cases, even if you use the product correctly, this can lead to disastrous consequences. This often happens when the product is defective, and you can take legal action to seek reimbursement for medical bills, lost wages, or future lost income. If you would like to know more, keep reading.

1. What Is a Defective Product?

When a company produces a product, they have a duty of care to ensure it is not defective because this can lead to injury. They must also ensure it is safe to use when used correctly. Defective products can cause potential harm to consumers even when they use the product correctly, according to the instructions. Of course, some products are generally dangerous by design, such as certain chemicals. In this case, as long as the product and packaging are appropriate, it's not a defective product. If the packaging is weak and starts to leak, however, this could constitute a defective product lawsuit. There are a few instances in which you can negatively impact your defective product case. First, if you knew about the defect but decided to use it anyway, your settlement may be smaller since you are partially responsible for taking on a known risk. Similarly, if you use the product incorrectly and that leads to an injury, you may not qualify for a settlement.

2. What Are the Types of Defective Product Lawsuits?

Three different types of defective product liability lawsuits exist: design defect, manufacturing defect, and marketing defect. If a product has a design defect, the entire line is usually affected. Something in the base design is problematic, so all the items should be pulled because they all have a potential to cause harm. Products are created in batches, so even if the design is perfect, one batch may be different than the next. This happens for many reasons and can lead to minor or major problems. This is known as a manufacturing defect because the issue arrived during manufacturing. For example, contaminants may have gotten into a batch of bread dough, leading to a potential health risk. The company will likely recall that batch of products, but the rest of the products are still safe. Finally, a product can be defective because of a marketing defect. The term marketing defect makes it sound less serious, but marketing defect lawsuits typically involve the instructions or warnings. If a product gives you incorrect instructions on how to use the product, this can lead to an injury that is not your fault.

3. Who Can You Sue for Injuries?

If you received an injury from a defective product, you can sue, but a lot of people are involved in distributing products. The company that manufactured the item is often responsible, but the responsibility doesn't stop there. If a different manufacturer built the defective parts and then used them in the product, you can sue that manufacturer too. You can also sue the retailer who sold the defective product and anyone else who helped distribute the product. It doesn't matter if you purchased the item or used it at the time of your injury. If the defective product hurts you, you can sue. Defective products can lead to serious injury, and you shouldn't be responsible for those medical bills. Before you can start taking legal action, however, gather all relevant information and contact an attorney in your area. If you would like to know more about product liability, or if you want to schedule a consultation for a case, contact us at Bradley, Drendel & Jeanney today.

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How Much Is My Car Accident Claim Worth in Nevada?

After a crash in Reno, NV, you have the right to get compensation for your losses and damages from anyone who was at fault. Many people start this process by asking "how much is my car accident claim worth,” but it's not possible to put a number on your case without knowing the details. Talk to a lawyer as soon as you can, and keep reading to learn about the main elements that will shape the number. How Much Is My Car Accident Claim Worth in Reno, NV? The value of your claim is going to depend heavily on several factors, the four most important of which are: Liability Total damages Comparative negligence Skill and experience of your lawyer 1. Liability Liability is determined by who was negligent. Negligence happens when someone doesn't act the way a reasonable person in that situation would to protect themselves or others. In car wrecks, liability often comes down to asking, "Who failed to perform their duty towards other road users by failing to follow the laws or acting unreasonably?” If you can show someone was speeding, ran a red light, was driving distracted, or similar, you can usually hold them liable. 2. Total Damages Your damages break down into two categories: economic and non-economic. Economic These are the concrete financial losses, like medical expenses, lost wages from missed work, lost earning capacity if you can't return to the same job or hours because of your injuries, and property damage. These are the foundation of your claim. Non-Economic Pain and suffering, emotional distress, loss of enjoyment of life, and any lasting changes to your daily activities or relationships belong in this group. There is no fixed formula that automatically applies for calculating these. It all depends on the severity of your injury, how long recovery takes, whether the effects are permanent, and how the injury has altered your normal routine. It also depends on your attorney: a good attorney will know how to calculate this fairly and argue for it effectively. 3. Comparative Negligence Nevada uses the 50% comparative negligence rule, and that can affect your claim. So long as you're not more than 50% at fault, you can claim compensation, but your claim will get reduced by the same amount as your fault. So if you're found to be 15% at fault and are owed $23,000 in compensation, you'd end up with about $19,550. It's very important to have a lawyer if you have some fault in the incident, as your lawyer can make sure you're protected from any attempt to call you more at fault than you are. 4. Your Lawyer It matters whether your lawyer is experienced in personal injury cases and skilled at: Gathering evidence and putting it together clearly and effectively Negotiating with insurers and understanding their tactics for minimizing claims Dealing with the red tape of the Nevada legal system Arguing and winning in court, if needed To get the help your claim needs, visit Bradley Drendel & Jeanney in Reno, NV now or call us at 775-335-9999 for a free consultation. We've been protecting Nevada personal injury victims for over 70 years.

What Should You Do Immediately After a Truck Accident?

After a truck accident involving a large commercial vehicle, the things you choose to do (or forget to do) can have a big effect on your future claim. Here's what to do after a truck accident in Carson City, NV. What to Do After a Truck Accident in Carson City, NV Check for Injuries Check yourself and everyone in your vehicle for injuries the moment the vehicles stop, and remember that adrenaline can easily mask pain, broken bones, or internal injuries for a time, so always get checked out later even if you feel fine at the moment. If anyone feels dizzy, has neck pain, or struggles to breathe, help them stay still and wait for help unless there's a life-threatening emergency, such as a car fire. Call 911 right away so police and emergency medical crews can respond. If your car can still move and the roadway is unsafe, pull as far off the travel lanes as possible. Talk to First Responders When officers reach the scene, give them a factual account of what you saw and felt. Stick to the sequence of events and don't make any guesses about fault or offer any opinions. Ask for the report number and the name of the investigating officer before you leave, because that official record is an important piece of evidence you may need later. Get Evidence If you're well enough to do so, snap pictures of everything you can. Capture the positions of both vehicles, the truck's company name, the USDOT number on the truck and its license plate, and any visible cargo. Include pictures of any skid marks, junk in the road, weather conditions, traffic signals, and the surrounding roadway generally. Take pictures of your own injuries and the interior of your vehicle. Exchange Information Exchange basic information with the truck driver and any other involved drivers, if it is safe to do so and you are all well enough to do so. You should get names, registration, and insurance information from everyone, but from the truck driver you'll also need commercial license details and the motor carrier's name. Collect contact information from any witnesses who stopped. Talk to Your Insurer Notify your own insurance company as soon as you can, but provide only the basic facts of the collision. Avoid making any recorded statements to the trucking company's insurer until you understand the full scope of your losses and have talked to a lawyer. Be aware that commercial carriers love to send adjusters to the scene quickly and press you to make a recordered statement as soon as possible; the goal is to get you to say something they can use later to limit their losses. Always refer them to your lawyer. Contact a Lawyer As soon as you're able, contact a lawyer with experience in truck accident claims. These claims often involve multiple parties, from the driver and motor carrier to cargo loaders, third-party mechanics, and sometimes equipment manufacturers. Each may have different insurance layers and different defenses. Contact Bradley Drendel & Jeanney today in Reno, NV for a free consultation. We've served all of Nevada and Northeastern California for over 70 years.

What Is a Contingency Fee?

When an unexpected injury disrupts your life, you may have the right to bring a legal claim to get reimbursed for your losses and damages. But doing so on your own is hard for many reasons, not least of all because you've got to concentrate on healing and getting back to normal life. You might have thought of contacting a lawyer here in Reno and wondered just what a personal injury lawyer contingency fee is all about. Defining the Contingency Fee Arrangement A contingency fee is a payment structure where your lawyer only gets compensation if your case is successful. If there is no recovery, you owe no attorney fees. This arrangement is especially common in personal injury because it removes the barrier of having to come up with immediate legal costs just to pursue your rights. The lawyer's payment comes as a percentage of whatever is recovered. How the Personal Injury Lawyer Contingency Fee Typically Works When you go this route, your lawyer invests time, resources, and expertise with the understanding that payment depends entirely on their success. The percentage is agreed upon in advance, and sometimes it can increase if the case ends up requiring more work or has to go to trial. You and the lawyer sign a written contract that spells out the exact percentage and scale, how it applies to the total recovery, and other key terms. Once the funds arrive from your award, your lawyer deducts their fee according to the agreement, handles any liens or medical repayments that have to be reimbursed from it, and distributes the remainder to you. Written Agreements and Nevada Requirements Nevada rules basically require that the contingency fee agreement be in writing and signed by you, clearly state the method for calculating the fee, include the specific percentages that apply at different stages, and address how expenses are to be handled and whether you remain responsible for those if the case does not succeed. Fees vs Case Expenses The contingency percentage covers the lawyer's time and skill. Case expenses are other things, like court filing fees, the cost of getting expert witness reports, medical record retrieval, investigation expenses, and costs for doing deposition transcripts. In many personal injury cases, the lawyer advances these costs and only recovers them from the settlement proceeds if the case succeeds. Advantages of the Contingency Structure Access With this arrangement, you can afford to retain experienced representation without draining all your savings or taking on debt just to get started. Confidence With this arrangement, your lawyer has skin in the game. Their recovery depends on winning, and the amount they get depends on maximizing your compensation. Breathing Room Instead of worrying about monthly legal bills, you can focus on medical treatment and getting your life back on track. Talk to a Reno Personal Injury Lawyer to Learn More Call us today at Bradley Drendel & Jeanney in Reno, NV, where our nearly seven decades of focus on personal injury cases make us one of the state's most established firms.