Accidents happen. But when you get hurt because someone else was careless, you have options. Your union legal benefit can help you get the compensation you deserve, including for your pain and suffering.
Product Liability: When a Product Injures You
Product liability is a type of personal injury claim. It holds manufacturers, distributors, or retailers responsible when a defective product causes an injury. This is an important area of the law because it holds companies accountable for making sure their products are safe.
A product can be defective in one of three ways:
- Design Defect: The design itself is dangerous, even if the product were made perfectly. For example:
- A vehicle with a flawed braking system.
- A space heater designed with a plastic casing that can easily melt or ignite, creating a fire hazard.
- Manufacturing Defect: A mistake during the manufacturing process makes a product unsafe. This could be a single unit or a whole batch of products. For example:
- A ladder that breaks because it was built with a faulty component.
- A batch of medication was contaminated with an unlisted substance during production.
- Failure to Warn: The product lacks proper instructions or warnings about potential dangers. For example:
- Medication without a warning about a serious side effect.
- An electrical appliance that lacks a warning to unplug it before cleaning or servicing.
What is a Personal Injury Claim?
A personal injury claim is a legal way to get compensation for injuries caused by someone else’s actions or carelessness. The goal is to get paid back for all the ways the injury has affected your life, not just the medical bills.
It’s important to remember that this is different from a workers’ compensation claim, which is for injuries that happen on the job.
Compensation for Injuries, Pain, and Suffering
In a personal injury case, you can get compensated for more than just your medical bills. You can also seek “pain and suffering” damages. These are for the physical and emotional distress you’ve gone through, and they can be a big part of your total compensation.
To get paid for pain and suffering, you need to prove how the injury has impacted your life. This isn’t just about the physical pain; it’s also about things like:
- The emotional toll of the injury, such as anxiety or depression
- Any scarring or permanent disfigurement
- How the injury affects your ability to work, do daily tasks, or enjoy hobbies
- Your recovery time and any ongoing consequences
How Your Legal Benefit Can Help
As a union member, you have a benefit in your Legal Plan that can help you with these types of claims. It provides access to a network of experienced attorneys who can help you navigate the process at no cost, and with a lawyer you can trust.
Here’s how a lawyer can make a difference:
- They handle the paperwork.
- They investigate the case.
- They negotiate on your behalf.
- They go to court if needed.
What to Do If You’re Injured
If you’re injured by a defective product or in an accident, don’t wait. Here are the key first steps:
- Seek Medical Attention: Get a doctor’s evaluation as soon as possible. This is crucial for your health and for documenting your injuries for a potential claim.
- Preserve Evidence: Do not throw away the product that caused the injury. Keep it, along with any packaging, receipts, and instructions. For an accident, take photos of the scene and your injuries, and get contact information for any witnesses.
- Contact a Lawyer: Use your IAM Legal Plan to speak with an attorney. They can advise you on your rights and the best course of action.
Talk to a Lawyer You Can Trust
As a union member, you have access to reliable, affordable legal help through your Legal and Personal Protection Plan benefits. Take advantage of it. Before you sign anything, make a statement, or accept a settlement, talk to a lawyer who’s on your side.
Disclaimer: Personal injury legal services are not available for work-related injuries.
